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NY F84163





March 20, 2000

CLA-2-95:RR:NC:SP:222 F84163

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Estella Lopez-Baum
Expeditors International of Washington, Inc. 5200 W. Century Blvd., 6th Floor
Los Angeles, CA 90045

RE: The tariff classification of candles from China.

Dear Ms. Lopez-Baum:

In your letter dated March 6, 2000, on behalf of Pro Sales Industries Inc., you request a tariff classification ruling.

You submit the following samples:

"Large Holly And Berries Pillar" is a white colored scented pillar candle that measures approximately 6" in height and 3" in diameter, and is decorated with wax holly leaves and holly berries molded to its side that cannot be removed without damage to the candle.

"Medium Holly And Berries Pillar" is a white colored scented pillar candle that measures approximately 5" in height and 3-3/4" in diameter, and is decorated with wax holly leaves and holly berries molded to its side that cannot be removed without damage to the candle.

"Small Holly And Berries Pillar" is a white colored scented pillar candle that measures approximately 4" in height and 3" in diameter, and is decorated with wax holly leaves and holly berries molded to its side that cannot be removed without damage to the candle.

"Urn Candle" is a white colored scented candle molded in the shape of an urn that measures approximately 6" in height and 3-3/4" in diameter at its base, and is decorated with wax holly leaves and holly berries molded to its side that 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 on petroleum wax candles from China. In our opinion, "Large Holly And Berries Pillar," "Medium Holly And Berries Pillar," "Small Holly And Berries Pillar" and "Urn 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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