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NY G80119





August 2, 2000

CLA-2-95:RR:NC:SP:222 G80119

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500; 3406.00.0000

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

RE: The tariff classification of pillar candles from China.

Dear Ms. Wong:

In your letter dated July 20, 2000, you request a tariff classification ruling.

You submit the following samples:

Item #1, Christmas Candle, is a purple colored scented pillar candle that measures approximately 6" in height and 3" in diameter and is decorated with seven holly leaves (but no berries), a poinsettia, and a white colored rectangle molded to its side. The candle is enclosed in a polybag tied with an artificial gold bow.

Item #2, Pillar Candle Embedded W/Silver Foil, is a white colored scented pillar candle that measures approximately 6" in height and 3" in diameter and is decorated with eleven pieces of silver foil embedded underneath the outer layer of wax. The candle is enclosed in a polybag tied with an artificial silver bow.

Your samples are being returned upon your request.

The applicable subheading for Item #1, Christmas 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 applicable subheading for Item #2, Pillar Candle Embedded W/Silver Foil, will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Candles, tapers and the like. 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. In our opinion, Item #1, Christmas Candle, and Item #2, Pillar Candle Embedded W/Silver Foil, are 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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