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NY G86775

February 14, 2001

CLA-2-95:RR:NC:SP:222 G86775


TARIFF NO.: 9505.10.2500

Mr. Ben Apolinario
Dalton International Limited
104 Delaware Ave.
Olyphant, PA 18447

RE: The tariff classification of a Christmas tree wax-filled ceramic container from China.

Dear Mr. Apolinario:

In your letter dated January 30, 2001, you request a tariff classification ruling.

The sample that you submit, Christmas Tree Wax-Filled Ceramic Container, consists of a green colored candle poured into a fir tree shaped green colored ceramic container that measures approximately 1-3/8” in height x 4” in width x 41/2” in length. The candle is decorated with painted candy canes and red and white colored bulbs that can be removed without damage to the candle.

The applicable subheading for the Christmas Tree Wax-Filled Ceramic Container 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.

Many candles are covered by antidumping proceedings and, therefore, may be liable for antidumping duties. A list of AD/CVD proceedings at the Department of Commerce and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. 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 Masterson at 212-637-7090.


Robert B. Swierupski

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