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NY G87100




February 12, 2001

CLA-2-34:RR:NC:SP:237 G87100

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of floating candles from China.

Dear Mr. Hoffacker:

In your letter dated February 5, 2001, on behalf of Consolidated Stores, Inc. of Columbus, Ohio, you request a tariff classification ruling.

The sample that you submit, Item #M445, Floating Candles, consists of six assorted colored hexagonal shaped floating candles with straight sides that measure approximately 3/4” in height and 2-1/4” across their widest point and are packaged together in a plastic rectangular shaped container.

Your sample is being returned upon your request.

The applicable subheading for Item #M445, 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.

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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