The tariff classification of jack-o'-lantern mini candles from China.

NY F83651 March 9, 2000 CLA-2-95:RR:NC:SP:225 F83651 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Amy Johnson Walmart Stores, Inc. 702 Southwest 8th Street Bentonville, AR 72716-8023 RE: The tariff classification of jack-o'-lantern mini candles from China. Dear Ms. Johnson: In your letter dated February 25, 2000, you request a tariff classification ruling. The sample that you submit, Item #8969, Jack-O-Lantern Mini Candles, consists of three scented orange colored candles poured into three orange containers that measure approximately 2" in height and 2" in diameter and are molded with deep ridges from top to bottom. Each wax container has a jack-o'-lantern type face embedded on two sides with blackened eyes, nose and mouth. The jack-o'-lantern face cannot be removed without damage to the wax container. The applicable subheading for Item #8969, Jack-O-Lantern Mini Candles, 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 Department of Commerce (DOC) has determined that petroleum wax candles in the following shapes: tapers, spirals, and straightsided dinner candles; rounds, columns, pillars, votives; and various waxfilled containers are within the scope of the antidumping duty order on petroleum wax candles from China. The DOC has also determined that candles designed only for use in connection with a holiday or special event are not within the scope of the antidumping duty order. In our opinion, Item #8969, Jack-O-Lantern Mini Candles, is not within the scope of the antidumping duty order on petroleum wax candles from China. 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 212-637-7028. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division