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NY J81200




February 27, 2003

CLA-2-95:RR:NC:SP:225 J81200

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Mr. Ted Colon
Four Star International
229 East Main Street
Milford, MA 01757

RE: The tariff classification of a Christmas candles from China.

Dear Mr. Colon:

In your letter dated January 27, 2003, you requested a classification ruling.

You have submitted two samples of metallic swirl ball candles (ornaments), identified as item number 21501491. The candles are composed of unscented 100 percent paraffin wax molded in the shape of a ball ornament hung from a Christmas tree. They have a gold metallic swirl pattern design and measures approximately 3” in diameter. The red and green gold metallic swirl candles are individually packaged in a polybag with a gold tie. The Christmas ball candles are fashioned with a flat bottom that allows them to remain in an upright position on a shelf, table or mantle.

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.

The samples are returned as you requested.

The applicable subheading for the above described samples will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be free.

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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