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NY F83436




March 20, 2000

CLA-2-95:RR:NC:SP:222 F83436

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Sharon Wong
Premier Candle Corporation
1255 Fewster Drive
Mississauga, Ontario L4W 1A3
Canada

RE: The tariff classification of candles from China.

Dear Ms. Wong:

In your letter dated February 25, 2000, you request a tariff classification ruling.

You submit the following samples:

Item #1, Embossed Holly Candle, is a yellow colored scented column candle that measures approximately 6" in height x 3" in width x 3" in length and is decorated with silver colored wax holly leaves and berries molded to its sides. The decorations cannot be removed without damage to the candle.

Item #2, Embossed Holly Candle, is a green colored scented column candle that measures approximately 4" on all sides and is decorated with silver colored wax holly leaves and holly berries molded to its sides. The decorations cannot be removed without damage to the candle.

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.

The Department of Commerce (DOC) has determined that petroleum wax candles in the following shapes: tapers, spirals, and straightsided dinner candles; rounds, columns, pillars, votives; and various waxfilled containers are within the scope of the antidumping duty order on petroleum wax candles from China. The DOC has also determined that candles designed solely for use in connection with the Christmas holiday are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, Item #1, Embossed Holly Candle, and Item #2, Embossed Holly Candle, are not within the scope of the antidumping duty order on petroleum wax candles from China.

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 Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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