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NY F88152




June 29, 2000

CLA-2-95:RR:NC:SP:222 F88152

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Sharon Wong
Premier Candle Corporation
1255 Fewster Drive
Mississauga, ON L4W 1A3
Canada

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

Dear Ms. Wong:

In your letter dated June 19, 2000, you request a tariff classification ruling.

The sample that you submit, Item #1, Candle Molded With Holly And Berries, is a green and gold colored pillar candle with three wicks that measures approximately 5" in height and 8" in diameter and is decorated with molded holly leaves and holly berries. The holly leaves and holly berries cannot be removed without damage to the candle.

The applicable subheading for Item #1, Candle Molded With Holly And Berries, 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 #1, Candle Molded With Holly And Berries, 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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