The tariff classification of Halloween candles from Hong Kong and China.

NY F80372 December 13, 1999 CLA-2-95:RR:NC:SP:225 F80372 CATEGORY: Classification TARIFF NO.: 9505.90.6000; 3406.00.0000 Ms. Alice Liu Atico International USA, Inc. 501 South Andrews Avenue Ft. Lauderdale, FL 33301 RE: The tariff classification of Halloween candles from Hong Kong and China. Dear Ms. Liu: In your letter dated November 30, 1999, you request a tariff classification ruling. You submit the samples described below: 1. Item #C79H0055, Halloween Engraved Pillar Candles, is made in Hong Kong in two different styles. The first style, "Bats in Black", is a black colored pillar candle that measures approximately 3-1/2" in height and 5" in diameter and is decorated with twenty-eight molded wax bats that measure approximately 1/2" in height and 1-7/8 in width wing-to-wing. The second style, "Pumpkins in Orange", is an orange colored pillar candle that measures approximately 3-1/2" in height and 5" in diameter and is decorated with a combination of 48 molded wax jack-o-lanterns and pumpkins that measure approximately 1" in diameter. The decorations on both styles cannot be removed without damage to the candle. 2. Item #C79H0056, Halloween Pumpkin Candle, consists of a scented orange colored candle poured into an orange colored wax container shaped like a jack-o-lantern that measures approximately 2-1/2" in height and 4" in diameter. The country of origin is China. 3. Item #C79H0057, Halloween Pumpkin Candle, consists of a scented orange colored candle poured into an orange colored wax container shaped like a jack-o-lantern that measures approximately 4" in height and 6-1/2" in diameter. The country of origin is China. 4. Item #C76C0054, Harvest Floating Candle, is a scented burgundy colored round floating candle that measures approximately 1-1/2" in height and 3" in diameter and is slightly raised to a mound at the top with a straight side that measures approximately 3/4". The candle will also be imported in 5 additional colors and scents. The country of origin is China. The applicable subheading for Item #C79H0055, Halloween Engraved Pillar Candles, Item #C79H0056, Halloween Pumpkin Candle, and Item #C79H0057, Halloween Pumpkin Candle, 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. The rate will remain the same in the year 2000. The applicable subheading for Item #C76C0054, Harvest Floating Candle, will be 3406.00.0000, HTS, which provides for Candles, tapers and the like. The rate of duty will be Free. The rate will remain the same in the year 2000. 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 #C76C0054, Harvest Floating Candle, is within the scope of the antidumping duty order. Item #C79H0056, Halloween Pumpkin Candle, and Item #C79H0057, Halloween Pumpkin Candle, are not within the scope of the antidumping duty order on petroleum wax candles from China. Candles made in Hong Kong are not the subject of an antidumping duty order at this time. 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