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NY F86593





May 8, 2000

CLA-2-95:RR:NC:SP:222 F86593

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Rita Pitts
Dillard's
1600 Cantrell Road
Little Rock, AR 72201

RE: The tariff classification of candles from China.

Dear Ms. Pitts:

In your letter dated April 27, 2000, you request a tariff classification ruling.

You submit the following photographs and samples:

Style #M27TL165HV, Crackle Cube Candle, is a red colored cube shaped column candle that measures approximately 4" on all sides and is decorated with a wax poinsettia, three wax holly leaves and a white colored wax rectangle that is molded on two sides of the cube.

Style #M27TL167HV, Crackle Pillar Candle, is a red colored pillar candle that measures approximately 6" in height and 3" in diameter and is decorated with a wax poinsettia, three wax holly leaves, and a white colored wax rectangle that is molded on its side.

Style #M27TL182HV, "Nativity Pillar," is a gold colored pillar candle that measures approximately 8-1/2" in height and 3-1/2" in diameter and is decorated with a raised-relief nativity scene featuring wax figurines, including the Virgin Mary and Baby Jesus, molded to its side. The decorations cannot be removed without damage to the candle.

Style #M27TL183HV, "Angel With Trumpet Pillar," is a gold colored pillar candle that measures approximately 8-1/2" in height and 3-1/2" in diameter and is decorated with a raised-relief wax angel figurine blowing a trumpet and the words "Silent Night" underneath molded to its side. The decorations cannot be removed without damage to the candle.

Your samples are being returned upon your request.

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 figurine candles are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, Style #M27TL165HV, Crackle Cube Candle, and Style #M27TL167HV, Crackle Pillar Candle, are within the scope of the antidumping duty order. Style #M27TL182HV, "Nativity Pillar," and Style #M27TL183HV, "Angel With Trumpet Pillar," 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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