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NY G86989




February 9, 2001

CLA-2-34:RR:NC:SP:237 G86989

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Lance Sloves
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-2322

RE: The tariff classification of ball shaped candles from China.

Dear Mr. Sloves:

In your letter dated January 31, 2001, you request a tariff classification ruling.

You submit the following samples:

Style #D5223, 4-3/4”H Ball Shape Candle, is a silver and gold colored candle molded in the shape of a sphere that measures approximately 4-3/4” in diameter and has a texture of grooved swirls.

Style #X0115(RG), 3”H Ball Shape Candle, is a gold colored candle molded in the shape of a sphere that measures approximately 3” in diameter.

The applicable subheading for Style #D5223, 4-3/4”H Ball Shape Candle, and Style #X0115(RG), 3”H Ball Shape Candle, 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.

Many candles are covered by antidumping proceedings and, therefore, may be liable for antidumping duties. A list of AD/CVD proceedings at the Department of Commerce and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. 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,

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