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NY I89620




January 6, 2003

CLA-2-95:RR:NC:SP:225 I89620

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Dennis Shostak
The Paper Magic Group, Inc.
100 North Sixth Street, Suite 899C
Minneapolis, MN 55403

RE: The tariff classification of “Luminaries” from China.

Dear Mr. Shostak:

In your letter dated December 27, 2002, you requested a tariff classification ruling.

The submitted sample, Item #6588800, “Luminaries”, consists of a box containing 6 paper “lanterns” that are essentially orange paper bags that measure approximately 11 inches in height x 3 inches in width x 5-3/4 inches in length and 6 tealight candles made of over 50 percent palm oil wax. Two of the luminaries have black cat designs on each side, two have witch designs, and two have jack-o-lantern designs. According to instructions on the cardboard box packaging, 1-2 inches of sand, dirt, or cat litter is poured into the bottom of the luminary, and a tealight candle placed in the center. When lit, the candle will illuminate the designs on the sides of the luminaries. The luminaries will be placed along a sidewalk, entryway or driveway as an outdoor decoration for the Halloween holiday.

The applicable subheading for Item #6588800, “Luminaries”, 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.

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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