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NY H84201




August 8, 2001

CLA-2-95:RR:NC:SP:222 H84201

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500; 9505.90.6000

Ms. Jasmine Rodriguez
Worldlink International, Inc.
P.O. Box 895
507 Kresson Road
Voorhees, NJ 08043

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

Dear Ms. Rodriguez:

In your letter dated July 30, 2001, on behalf of Cape May Wicker of Clermont, New Jersey, you request a tariff classification ruling.

The photographs that you submit, consists of two designs of wax-filled glass containers. The first design, Item #MVC 133-HG0051, Large Glass Holder With Poured Candle, consists of an orange colored candle poured into a cube shaped glass container that measures approximately 3” on all sides and is decorated with three painted jack-o’-lanterns. The second design, Item #MVC 133-CG1009, Small Glass Holder With Poured Candle, consists of a white colored candle poured into a cube shaped glass container that measures approximately 2-1/2” on all sides and is decorated on two sides with a painted Santa Claus wearing a Santa hat with holly leaves.

The applicable subheading for Item #MVC 133-CG1009, Small Glass Holder With Poured Candle (Santa Claus), 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.

The applicable subheading for Item #MVC 133-HG0051, Large Glass Holder With Poured Candle (Jack-o’-lanterns), will be 9505.90.6000, Harmonized Tariff Schedule, which provides for Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on Item #MVC 132-CG2056 and Item #MVC 131-CG3060, Decorative Glass Jars With Removable Candle Cup. Your request for a classification ruling should include samples. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request with samples, please include all of the material that we have returned to you.

We are also returning your request for a classification ruling on Item #MVC 130-CG2021, an empty glass jar container with the words “The Magic Of Winter” painted on its side, and any related samples, exhibits, etc., because we are precluded from issuing a ruling letter by the provisions of Sections 152.16 and 177.7 of the Customs Regulations (19 C.F.R. 152.16 and 177.7).

In Park B. Smith Ltd. v. United States, Court No. 96-02-00344, the Court of International Trade issued a decision on the scope of the term “festive articles.” The appeal has been filed. Since the classification of the articles which are the subject of this request for a ruling may be affected by the case before the Court in Park B. Smith, supra, we are precluded from issuing a ruling in this case.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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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