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NY G86042




January 18, 2001

CLA-2-95:RR:NC:SP:222 G86042

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

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

RE: The tariff classification of an embossed holly berry pillar candle from China.

Dear Mr. Epstein:

In your letter dated January 2, 2001, on behalf of your client, Avon Products, Inc., you request a tariff classification ruling.

The sample that you submit, PP #221227, Embossed Holly Berry Pillar Candle, is a green colored scented pillar candle that measures approximately 3" in height and 3" in diameter and is decorated with holly leaves and holly berries molded to its side. The decorations cannot be removed without damage to the candle.

Your sample is being returned upon your request.

The applicable subheading for PP #221227, Embossed Holly Berry Pillar Candle, will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. The rate of duty will be free.

Many candles are covered by antidumping proceedings and, therefore, may be liable for antidumping duties. A list of AD/CVD proceedings at the Department of Commerce and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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