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NY G86778




February 12, 2001

CLA-2-95:RR:NC:SP:222 G86778

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

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

RE: The tariff classification of wax-filled containers from China or Hong Kong.

Dear Mr. Apolinario:

In your letter dated January 30, 2001, you request a tariff classification ruling.

You submit the following samples:

Item #1/3041, Embossed /Hand Painted Candle W/Scalloped Rim, consists of a red colored scented candle poured into a ceramic container with a scalloped rim that measures approximately 2-1/2” in height and 4” in diameter. The container is decorated with painted holly leaves and holly berries that cannot be removed without damage to the container.

Item #1/3032, Holly & Berry Candle, consists of a red colored scented candle poured into a ceramic container that measures approximately 4” in height and 5” in diameter and is decorated with embedded holly leaves and holly berries that cannot be removed without damage to the container.

Item #1/3014, Small 3 Dimensional Snowman Candle, consists of a blue colored scented candle poured into a ceramic container that measures approximately 4” in height and 4” in diameter and decorated with three ceramic snowmen with scarves, coats, and black hats with holly leaves and holly berries. The decorations cannot be removed without damage to the container.

Item #1/3012, Large 3 Dimensional Snowman Candle, consists of a blue colored scented candle poured into a ceramic container that measures approximately 2-1/2” in height and 8” in diameter and is decorated with three ceramic snowmen with scarves, coats, and black hats with holly leaves and holly berries. The decorations cannot be removed without damage to the container.

The applicable subheading for Item #1/3041, Embossed /Hand Painted Candle W/Scalloped Rim, Item #1/3032, Holly & Berry Candle, Item #1/3014, Small 3 Dimensional Snowman Candle, and Item #1/3012, Large 3 Dimensional Snowman 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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