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NY J88042




August 25, 2003

CLA-2-95:RR:NC:SP:225 J88042

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Ben Apolinario
Dalton International Limited
308 Lincoln Street
Duryea, PA 18642

RE: The tariff classification of “Decorated Easter Egg Candles” from China.

Dear Mr. Apolinario:

In your letter dated August 13, 2003, you requested a tariff classification ruling.

You have submitted a sample and a photograph of “Decorated Easter Egg Candles” identified as item number #4/00123PD. The assortment consists of 9 decorated egg-shaped candles of various colors and designs that measure approximately 2-1/2 inches in height and 1-3/4 inches in diameter. The candles are made of paraffin wax and will be marketed for the Easter holiday.

The applicable subheading for the “Decorated Easter Egg Candles” identified as item number #4/00123PD will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), 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.

Candles from China may be 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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