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NY F87282




June 7, 2000

CLA-2-95:RR:NC:SP:222 F87282

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Cathy Petrus
Limited Distribution Services
7 Limited Parkway
Reynoldsburg, OH 43068

RE: The tariff classification of a pillar candle with holly and berries from China.

Dear Ms. Petrus:

In your letter dated May 18, 2000, on behalf of Bath & Body Works, you request a tariff classification ruling.

The sample that you submit, Item #9154A, Embossed Holiday Candle, is a red 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. The decorations cannot be removed without damage to the candle.

Your sample is being returned upon your request.

The applicable subheading for Item #9154A, Embossed Holiday 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. In our opinion, Item #9154A, Embossed Holiday 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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