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August 30, 1999

LA-2-95:RR:NC:SP:222 E86195

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Tammy Locke
Wholesale Supply Company, Inc.
International Department
7100 Service Merchandise Drive
Brentwood, TN 37027

RE: The classification of a candle from China.

Dear Ms. Locke:

In your letter dated July 29, 1999, you request a tariff classification ruling.

The sample that you submit, Item #GH90116NGBH-6" x 6" Triple Wick Holly Candle With Silk Pinecone Wreath Centerpiece and Iron Plate, consists of a candle, a wreath and a metal plate. The candle is a white colored drum shaped pillar candle with three wicks that measures approximately 6" in height and 6" in diameter. The candle is decorated with holly leaves and berries made of fabric inlaid in wax approximately 1/8" beneath the surface of its side.

You state that you do not want this ruling to address the classification of either the pinecone wreath or the metal plate at this time.

The applicable subheading for the candle will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive...Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be Free.

The Department of Commerce (DOC) has determined that petroleum wax candles in the following shapes: tapers, spirals, and straight?sided dinner candles; rounds, columns, pillars, votives; and various wax?filled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In addition, the DOC has determined that novelty candles designed solely for use in connection with a holiday or special event are not within the scope of the antidumping duty order. In our opinion, the sample is not within the scope of the antidumping duty order on petroleum wax candles from China.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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