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NY G84263




November 17, 2000

CLA-2-95:RR:NC:SP:222 G84263

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Cindy Hazlett
Warner Bros.
4000 Warner Boulevard
Burbank, CA 91522

RE: The tariff classification of a "Tweety Christmas Decoration and Candle" from China.

Dear Ms. Hazlett:

In your letter dated November 2, 2000, you request a tariff classification ruling.

The sample that you submit, "Tweety Christmas Decoration and Candle", consists of a white colored scented candle with embedded peppermint candy disks poured into a glass jar container that measures approximately 4-1/2" in height and 3-1/2" in diameter and has a resealable lid decorated with a reclining Tweety wearing a Santa Hat. The decoration cannot be removed without damage to the container.

The applicable subheading for the "Tweety Christmas Decoration and 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 "Tweety Christmas Decoration and 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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