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NY H82518




June 21, 2001

CLA-2-34:RR:NC:SP:237 H82518

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Sue Kealy
Lynn Roberts International, Inc.
9100 F Street
Omaha, NE 68127

RE: The tariff classification of candles from China.

Dear Ms. Kealy:

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

You submit the following samples:

Sphere Candle is a red colored scented candle molded in the shape of a sphere that measures approximately 3” in diameter.

7 Wick Scented Candle With Metal Stand consists of a seven wick red colored scented candle molded in the shape of a rectangular block that measures approximately 2” in height x 4” in width x 14” in length. The candle will be imported as a set with a rectangular shaped metal stand that measures approximately 2” in height x 4-1/4” in width x 14-1/4” in length and is supported by twelve metal legs.

2 Wick Scented Candle With Metal Stand consists of a two wick red colored rectangular shaped scented candle that measures approximately 2” in height x 2” in width x 4” in length. The candle will be imported as a set with a rectangular shaped metal stand that measures approximately 1/4” in height x 2-1/4” in width x 4-1/2” in length and is supported by four ball feet.

The applicable subheading for the Sphere Candle, 7 Wick Scented Candle With Metal Stand, and 2 Wick Scented Candle With Metal Stand 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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