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NY H81335




May 25, 2001

CLA-2-34:RR:NC:SP:237 H81335

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Kathleen Crawford
BDP International, Inc.
1017 4th Avenue
Lester, PA 19029-1813

RE: The tariff classification of wax-filled containers from China.

Dear Ms. Crawford:

In your letter dated May 18, 2001, on behalf of your client, Hen-Feathers Corp. of Prussia, Pennsylvania, you request a tariff classification ruling.

You submit the following photographs:

Item #2226, Square Victorian Candle Box, consists of a four wick white colored candle poured into an urn-like iron container with a removable lid that measures approximately 9” in height x 7” in width x 7” in length.

Item #550254, Mini Acorn Candle Box, consists of a white colored candle poured into a bowl shaped iron container that measures approximately 3-1/2” in height and 4-3/4” in diameter and is decorated with acorns on its side.

Item #550170, Small Victorian Candle Urn, consists of a white colored candle poured into an urn shaped iron container that measures approximately 5-1/2” in height x 5-1/4” in width x 6-1/2” in length.

Item #550293, Pumpkin Candle Box, Set of 3, consists of a set of three white colored candles poured into three pumpkin shaped iron containers with removable lids. No measurements provided.

Item #500199, Mini Pineapple Candle Box, consists of a white colored candle poured into a rectangular shaped iron container that measures approximately 3” in height x 2-1/2” in width x 5” in width and decorated with pineapples on its side.

The applicable subheading for the above described wax-filled containers 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.

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,

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