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NY F83915




March 14, 2000

CLA-2-95:RR:NC:SP:222 F83915

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Mr. Joseph A. Arria
Syratech Corporation
175 McClellan Highway
P.O. Box 9114
East Boston, MA 02128-9114

RE: The tariff classification of a Christmas ornament shape candle from China.

Dear Mr. Arria:

In your letter dated February 29, 2000, on behalf of International Silver Company of East Boston, Massachusetts, you request a tariff classification ruling.

The sample that you submit, Christmas Ornament Shape Wax Candle, is a green colored candle molded in the shape of a standing Christmas tree ornament that measures approximately 6" in height x 5" in length x 2" in thickness. The candle is flatter than a Christmas tree ball, which it is intended to represent. We, however, consider it to be three dimensional. The candle is decorated with assorted molded geometric shapes around its circumference and is crowned on top with a gold painted "hanger."

The applicable subheading for the Christmas Ornament Shape Wax 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 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 on petroleum wax candles from China. In our opinion, Christmas Ornament Shape Wax Candle 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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