The tariff classification of candy mint floating candles and wax-filled jars from China.

NY G87788 March 2, 2001 CLA-2-34:RR:NC:SP:237 G87788 CATEGORY: Classification TARIFF NO.: 3406.00.0000; 9505.10.2500 Ms. Mary E. Keller The A.W. Fenton Company, Inc. P.O. Box 75029 Cincinnati, OH 45275-0029 RE: The tariff classification of candy mint floating candles and wax-filled jars from China. Dear Ms. Keller: In your letter dated February 14, 2001, on behalf of Beck International dba Intercontinental of Cincinnati, Ohio, you request a tariff classification ruling. You submit the following samples: Christmas Candy Mint Floating Candles are round floating pillar candles, with straight sides, that are colored red and white in a pinwheel design and measure approximately 1” in height and 2-1/2” in diameter. The candles are wrapped in cellophane with red colored bows on each end, and have an affixed label with the words “Christmas Candy Mint Floating Candle.” The label can be removed without damage to the candles. Wax Filled Jars With Christmas Polyresin Toppers consists of two styles of poured scented candles in glass jar containers that measure approximately 3” in height and 2-1/4” in diameter and are decorated with either a fully standing three dimensional polyresin Santa Claus or Snowman “topper” (removable lid). The Santa Claus topper measures approximately 2” in height x 1” in width x 7/8” in length and is surrounded by artificial snow, a candy cane, and holly leaves and holly berries. The Snowman topper measures approximately 2” in height x 1” in width x 1” in width, with the snowman dressed in a coat, hat and gloves and surrounded by artificial snow, holly leaves and holly berries, and gifts. Each glass jar container is affixed with a label with the words “Merry Christmas.” The applicable subheading for the Christmas Candy Mint Floating Candles will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Candles, tapers and the like. The rate of duty will be free. The applicable subheading for the Wax Filled Jars With Christmas Polyresin Toppers will be 9505.10.2500, 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 F. Cantone at 212-637-7018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division