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NY F89313




July 14, 2000

CLA-2-95:RR:NC:SP:225 F89313

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of an Easter egg candle pack from China.

Dear Mr. Epstein:

In your letter dated July 6, 2000, on behalf of your client, Avon Products, Inc. of New York, New York, you request a tariff classification ruling.

The sample that you submit, PP #1003245, Easter Egg Pack, consists of a set of six yellow colored scented wax candles molded in the shape of eggs that measure approximately 2-1/4" in height and 1-5/8" at their widest diameter. The candles are embossed with raised floral and honeycomb patterns, and packaged upright together in a plastic "egg carton" with a plastic cover.

Your sample is being returned as requested.

The applicable subheading for PP #1003245, Easter Egg Pack, 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 (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 molded in the form of certain identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, PP #1003245, Easter Egg Pack, 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 Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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