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NY I89787




January 15, 2003

CLA-2-95:RR:NC:SP:225 I89787

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Mr. Ben Apolinario
Dalton International Ltd.
104 Delaware Avenue
Olyphant, PA 18447

RE: The tariff classification of embossed candles from China.

Dear Mr. Apolinario:

In your letter dated December 31, 2002, you requested a tariff classification ruling.

You submitted a sample and a photograph of three designs of Item #B/CX158, Holiday Embossed Candle, which are white pillar candles that measure approximately 5-3/4 inches in height and 4 inches in diameter. “Santa” depicts an embossed figure of Santa Claus carrying a fir tree underneath the words, “Season’s Greetings.” “Reindeer” depicts embossed figures of reindeer underneath the words, “Season’s Greetings.”

The applicable subheading for Item #B/CX158, Holiday Embossed Candle (“Santa” and “Reindeer”), 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.

We are unable to issue a ruling on the “Snowman” candle due to the poor quality of the photograph. Should you still wish a ruling on this candle, please submit a sample with your resubmission.

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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