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NY H81952




June 15, 2001

CLA-2-34:RR:NC:SP:237 H81952

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Amie Waller
Lava Enterprises, Inc.
3979 Lockridge Street
San Diego, CA 92102

RE: The tariff classification of an Animal Spirits Sculptured Pillar Candle from China.

Dear Ms. Waller:

In your letter dated June 6, 2001, you request a tariff classification ruling.

The sample that you submit, Animal Spirits Sculptured Pillar Candle, is a white and brown colored pillar candle that measures approximately 5-1/2” in height and 3-1/2” in diameter and is decorated with a molded elephant that measures approximately 5” in height x 2” in width x 3-3/4” in length.

The applicable subheading for the Animal Spirits Sculptured Pillar 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.

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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