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NY F82303




February 2, 2000

CLA-2-95:RR:NC:SP:222 F82303

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Mrs. Jean Fair
Robert Alan Candle Company
14501 Townsend Road
Philadelphia, PA 19154

RE: The tariff classification of candles from China.

Dear Mrs. Fair:

In your letter dated January 19, 2000, you request a tariff classification ruling.

You submit the following samples:

1. Item #18075, 3" x 6" Crackle Holly Pillar Candle, is a red colored pillar candle that measures approximately 6" in height and 3" in diameter and is decorated with wax holly leaves and holly berries that cannot be removed without damage to the candle.

2. Item #18077, 3-1/2" x 6" Traditional Character Pillar Candle, is a red colored pillar candle that measures approximately 6" in height and 3-1/2" in diameter and is decorated with a wax Santa Claus, snowman, angel, and reindeer. The decorations cannot be removed without damage to the candle.

The applicable subheading for the above described samples 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 straightsided dinner candles; rounds, columns, pillars, votives; and various waxfilled containers are within the scope of the antidumping duty order on petroleum wax candles from China. The DOC has also determined that candles designed solely for use in connection with the Christmas holiday are not within the scope of the antidumping duty order. In our opinion, Item #18075, 3" x 6" Crackle Holly Pillar Candle, and Item #18077, 3-1/2" x 6" Traditional Character Pillar Candle, are 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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