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NY I88838




December 6, 2002

CLA-2-95:RR:NC:SP:225 I88838

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of Christmas candles from China.

Dear Ms. Liu:

In your letter dated November 22, 2002, you requested a tariff classification ruling.

You submitted the following samples:

Item #C74Q2073, Metallic Ball Candles, consists of an assortment of three ball-shaped candles that measure approximately 3-1/2 inches in diameter and decorated with painted images of Santa Claus pulled on his sleigh by a reindeer past snow covered fir trees. The candles are packaged in a polybag with a gold tie.

Item #C74Q2375, Christmas Ball Candles, are red ball-shaped candles that measure approximately 3-1/2 inches in diameter and decorated with painted images of decorated fir trees. The candles are packaged in a polybag with a gold tie.

Item #C74Q2188, Christmas Metallic Plated Ball Candles, consists of an assortment of three ball-shaped candles (red, green, gold) that measure approximately 3-1/2 inches in diameter and decorated with gold vertical bands.

The applicable subheading for Item #C74Q2073, Metallic Ball Candles, Item #C74Q2375, Christmas Ball Candles, and Item #C74Q2188, Christmas Metallic Plated Ball Candles, 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.

Your samples are being returned upon your request.

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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