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NY H82492




July 2, 2001

CLA-2-95:RR:NC:SP:222 H82492

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of Christmas Novelty Candles from China.

Dear Ms. Liu:

In your letter dated June 7, 2001, you request a tariff classification ruling.

The sample that you submit, Item #C74Q0801, 2 PC Pack 10” Christmas Novelty Candles, consists of two styles of taper candles packaged two to a box. The first style, “Santa”, is a red colored taper candle that measures approximately 10” in height and 1/4” in diameter and is decorated with a molded Santa Claus that cannot be removed without damage to the candle. The second style, “Christmas Stocking”, is a green colored taper candle that measures approximately 10” in height and 1/4” in diameter and is decorated with a molded red colored stocking filled with gifts and decorated with holly leaves and holly berries. The decorations cannot be removed without damage to the candle.

The applicable subheading for Item #C74Q0801, 2 PC Pack 10” Christmas Novelty Candles (Santa Claus, Christmas Stocking) 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.

You have also submitted a photograph of six other styles of Item #C74Q0801, but we are unable to issue a ruling on them due to the blurry photograph. Should you still wish a binding ruling on these styles, please resubmit your ruling request, along with samples, to this office.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. 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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