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NY F85329




April 19, 2000

CLA-2-95:RR:NC:SP:222 F85329

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Dana L. Bounds
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a Santa Claus candle with resin holder from China.

Dear Ms. Bounds:

In your letter dated April 6, 2000, on behalf of Gerson Company of Mission Kansas, you request a tariff classification ruling.

The sample that you submit, Item #1125-134080, "Santa Claus Candle With Resin Holder," consists of a yellow colored pillar candle that measures approximately 4" in height and 4" in diameter and is decorated with two ceramic Santa Clauses holding a book and encircled by ceramic holly leaves and holly berries embedded on opposite sides of the candle. The decorations cannot be removed without damage to the candle. The candle will be packaged for retail sale as a set with a circular shaped resin holder that measures approximately 6" in diameter with a circular depression that measures approximately 4" in diameter for placement of the candle. The holder is decorated with white colored resin "snow," holly leaves and holly berries and eight evergreen trees.

Your sample is being returned as you requested.

The applicable subheading for Item #1125-134080, "Santa Claus Candle With Resin Holder," 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 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 #1125-134080, "Santa Claus Candle With Resin Holder," 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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