The tariff classification of candles from China.

NY E86676 September 23, 1999 LA-2-95:RR:NC:SP:222 E86676 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Suda Tam San Francisco Candle Company Inc. 20929 Cabot Blvd. Hayward, CA 94545 RE: The tariff classification of candles from China. Dear Ms. Tam: In your letter dated August 20, 1999, you request a tariff classification ruling. You submit the samples described below: 1. Item #CD01 "Pillar with stars, Christmas tree and doves" is a pillar candle with red and white colored diagonal stripes and measures approximately 6" in height and 3" in diameter. The candle is decorated with gold colored fir trees, doves, holly leaves and stars measuring approximately 3/8" x 1/4" pasted on to its side that can be removed without damage to the surface of the candle. 2. Item #CD02 "Pillar with Merry Christmas" is a pillar candle with red and white colored diagonal stripes and measures approximately 3" in height and 3" in diameter. The candle has the gold colored words "Merry Christmas" molded into its side that cannot be removed without damage to the candle. 3. Item #CD03 "Pillar with Holly leave" is a pillar candle with red and white colored diagonal stripes and measures approximately 3" in height and 3" in diameter. The candle has gold colored holly leaves and berries molded into its side that cannot be removed without damage to the candle. 4. Item #CD04 "Taper with stars and Christmas trees" consists of two pillar candles with red and white colored diagonal stripes and measure approximately 12" in height and 1" in diameter packaged together in a cardboard box. Each candle has gold colored holly leaves, stars and fir trees molded into its side that cannot be removed without damage to the candle. 5. Item #CD05 "Taper with Season's Greetings" is a pillar candle with red and white colored diagonal stripes and measures approximately 12" in height and 1" in diameter. The candle has the gold colored words "Season's Greetings" molded into its side that cannot be removed without damage to the candle. The applicable subheading for the above described items will be 9505.10.2500, Harmonized Tariff Schedule of the United States, 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 straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled 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 #CD02 "Pillar with Merry Christmas", Item #CD03 "Pillar with Holly leave" and Item #CD04 "Taper with stars and Christmas trees" are not within the scope of the antidumping duty order on petroleum wax candles from China. Item #CD01 "Pillar with stars, Christmas tree and doves" and Item #CD05 "Taper with Season's Greetings" are considered within the scope of the antidumping duty order on petroleum wax candles from China until advised otherwise by the DOC. 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, National Commodity Specialist Division