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NY J86820




August 19, 2003

CLA-2-95:RR:NC:SP: 225 J86820

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Ms. Desira Walker
Silk Road Gifts, Inc.
410 Commerce Blvd. Unit C
Carlstadt, NJ 07072

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

Dear Ms. Walker:

In your letter dated July 18, 2003, you requested a classification ruling.

You have submitted nine photographs and one sample of floating candles. The candles are composed of 100% paraffin wax. You also requested classification for candles composed of 60% palm oil and 40% paraffin wax.

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.

According to U.S. Customs New York Region Informational Pipeline "Guidelines for Submission of Ruling Requests", requests should contain not more than 5 items in order to be accepted, see the attached pipeline. This ruling will only apply to item numbers listed as (1) K3N370AA, (2) K3N346AA, (5) K3N350AA, (7) K3N343AA and (8) K3N340AA.

Item number K3N370AA is a hand painted, molded floating candle that measures 3.35” by 2.76” by 1.3”. The floating candle is designed as a Christmas sleigh filled with Christmas gifts and a Christmas tree.

Item number K3N346AA is a hand painted, molded floating candle designed as a Christmas stocking. This candle measures 3.75” by 3.0” by 1.3”.

Item number K3N350AA is a hand painted, molded candle that measures 3.31” by 3.15” by 1.3”. This candle is in the shape of a star trimmed with Christmas holly leaves and berries.

Item number K3N343AA is a hand painted, molded floating candle. It is made in the shape of a red and white striped candy cane with a ribbon bow.

Item number K3N340AA is a hand painted, molded floating candle in the shape of a Christmas tree with a star. The candle measures 3.66” by 3.15” by 1.3”.

The applicable subheading for all of the above mentioned candles 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.

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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