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NY H82986

July 9, 2001

CLA-2-95:RR:NC:SP:222 H82986


TARIFF NO.: 9505.10.2500

Mrs. Jean Fair
RAC Designs
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a scented bark pillar candle from China.

Dear Mrs. Fair:

In your letter dated June 21, 2001, you request a tariff classification ruling.

The sample that you submit, Item #18146, 3” x 5” Scented Bark Pillar Candle, is a red colored scented pillar candle that measures approximately 5” in height and 3” in diameter and is wrapped within an inner layer of aluminum foil and an outer layer of white colored tree bark. The candle is decorated with a red, green, and gold colored plaid bow, three poinsettias, green leaves, and a gold braid that can be removed without damage to the candle. You state that the candle is made of a blend of 60% palm oil wax and 40% paraffin wax.

The applicable subheading for Item #18146, 3” x 5” Scented Bark Pillar Candle, 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.

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.

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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