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NY J87667




August 1, 2003

CLA-2-34:RR:NC:SP:237 J87667

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, Rhode Island 02895

RE: The tariff classification of a candle set with metal plate from China.

Dear Ms. Santos:

In your letter dated July 25, 2003 you requested a ruling.

CVS Item No. 245502 Holiday Candle Set consists of two white pillar shaped wax candles (3”D x 3-4”H), one white ball shaped wax candle (2-1/4”D), one painted square metal plate with raised rim (9”SQ x 3/4”H) and 24 decorative plastic ball ornaments (3/4-7/8”D). The candles are said to contain 60% palm oil. The items are packed together in a printed retail cardboard box. The essential character of the set is imparted by the candles which are decorated on all sides with gold or silver glitter holly leaves and red berries. Your samples are being returned.

The applicable subheading for the candle set with plate and ornaments will be 9505.10.2500, HTSUS, which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other, other. The rate of duty is free.

Candles from China may be subject to anti-dumping duties administered by the U.S. Department of Commerce, Import Administration. You may contact them at 14th St. and Constitution Ave. NW, Washington, DC 20230, phone (202) 482-0961.

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 should be provided with the entry documents filed at the time merchandise is imported. If you have any questions on the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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