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NY G84166




November 16, 2000

CLA-2-95:RR:NC:SP:222 G84166

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Mr. Ben Apolinario
Dalton International Limited
104 Delaware Ave.
Olyphant, PA 18447

RE: The tariff classification of a "Noel, Peace, Joy Column Candle" from China.

Dear Mr. Apolinario:

In your letter dated November 6, 2000, you request a tariff classification ruling.

The sample that you submit, "Noel, Peace, Joy Column Candle", is a red colored scented column candle that measures approximately 6" in height x 2-1/2" in width x 4" in length and is embossed with the words Noel, Peace, Joy in a repeating pattern. The words cannot be removed without damage to the candle.

The applicable subheading for the "Noel, Peace, Joy Column 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 only for use in connection with the Christmas holiday are not within the scope of the antidumping duty order. In our opinion, the "Noel, Peace, Joy Column 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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