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NY F85845




April 19, 2000

CLA-2-95:RR:NC:SP:225 F85845

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a Halloween wax-filled container from Hong Kong.

Dear Ms. Liu:

In your letter dated April 7, 2000, you request a tariff classification ruling.

The sample that you submit, Item #H79H-5435, Candle In Glass Candle Holder, consists of a white colored candle poured into a glass container that measures approximately 3-1/4" in height and 2-7/8" in diameter. The container will be imported covered in three metal sleeve designs: Twin Pumpkin W/Spider (which features two jack-o'-lanterns), Witch W/Broom and Ghost W/Bat that cannot be removed.

The applicable subheading for Item #H79H-5435, Candle In Glass Candle Holder, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other. The rate of duty will be free.

The Department of Commerce 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. Candles made in Hong Kong are not the subject of an antidumping duty order at this time.

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 Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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