The tariff classification of sphere shaped candles from China.

NY F87786 June 14, 2000 CLA-2-95:RR:NC:SP:222 F87786 CATEGORY: Classification TARIFF NO.: 9505.10.2500; 3406.00.0000 Ms. Michele Smith Sears, Roebuck and Co. 3333 Beverly Road, BC 172A-A Hoffman Estates, Illinois 60179 RE: The tariff classification of sphere shaped candles from China. Dear Ms. Smith: In your letter dated May 23, 2000, you request a tariff classification ruling. You submit the following samples: Item #X3309, 3-5/8" H Ornament CNDL Stick W/Matching Jewel In Colors, is a red colored candle molded in the shape of a spheroidal Christmas tree ornament that measures approximately 3-5/8" in diameter with embedded red jewels that measure approximately 1/8" in diameter. The candle is crowned on top with a gold colored "hangar." The candle is packaged in a polybag with a ribbon bow and will also be imported in a blue color. Item #X4360, 3.75" H Ball Shape CNDL EM W/X'mas Tree W/Glitters In Colors, is a silver colored candle molded in the shape of a sphere that measures approximately 3-3/4" in diameter and is decorated with silver glitter decorated Christmas trees. The candle is packaged in a polybag with a ribbon bow and will also be imported in a gold color. Item #X3252, 3-1/8" H Ball Shape CNDL W/Crystal Carving In Metallic Colors, is a silver colored candle molded in the shape of a sphere that measures approximately 3-1/8" in diameter and has a brick-like texture. The candle is packaged in a polybag with a ribbon bow and will be imported in four colors. Item #XM3164/G1, 3.25" H Velvet Finish Ornament CNDL W/ Glittered Stars In Colors, is a red colored candle molded in the shape of a sphere that measures approximately 3-1/4" in diameter and is decorated with molded gold colored wax eight point stars. The candle is packaged in a polybag with a ribbon bow and will also be imported in a blue color. Your samples are being returned as requested. The applicable subheading for Item #X3309, 3-5/8" H Ornament CNDL Stick W/Matching Jewel In Colors, and Item #X4360, 3.75" H Ball Shape CNDL EM W/X'mas Tree W/Glitters In Colors, will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), 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 applicable subheading for Item #X3252, 3-1/8" H Ball Shape CNDL W/Crystal Carving In Metallic Colors, and Item #XM3164/G1, 3.25" H Velvet Finish Ornament CNDL W/ Glittered Stars In Colors, 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 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 solely for use in connection with the Christmas holiday and candles molded in the form of certain identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, Item #X3309, 3-5/8" H Ornament CNDL Stick W/Matching Jewel In Colors, Item #X4360, 3.75" H Ball Shape CNDL EM W/X'mas Tree W/Glitters In Colors, Item #X3252, 3-1/8" H Ball Shape CNDL W/Crystal Carving In Metallic Colors, and Item #XM3164/G1, 3.25" H Velvet Finish Ornament CNDL W/ Glittered Stars In Colors, are 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 Masterson at 212-637-7090. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division