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NY H82991




July 10, 2001

CLA-2-95:RR:NC:SP:222 H82991

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

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

RE: The tariff classification of an X’mas Glass Candle With Topper from Hong Kong.

Dear Ms. Liu:

In your letter dated June 18, 2001, you request a tariff classification ruling.

The sample that you submit, Item #C74Q1501, X’mas Glass Candle With Topper (Santa), consists of a white colored scented candle poured into a glass container that measures approximately 2” in height and 2” in diameter and is decorated with a polyresin topper of Santa Claus, a sack of gifts, two snow covered evergreen trees, and snow.

The applicable subheading for Item #C74Q1501, X’mas Glass Candle With Topper (Santa) 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 other styles of Item #C74Q1501, 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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