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NY H82819




June 29, 2001

CLA-2-34:RR:NC:SP:237 H82819

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Mary E. Keller
A.W. Fenton Company Inc.
P.O. Box 75029
Cincinnati, Ohio 45275-0029

RE: The tariff classification of candles from China.

Dear Ms. Keller:

In your letter dated June 8, 2001, on behalf of Candle Lite Inc., you request a tariff classification ruling.

You submit the following samples:

Daffodil Floating Candle is a yellow colored floating candle molded in the shape of a daffodil that measures approximately 1” in height and 2-1/2” across its widest point.

Raspberry Floating Candle is a red colored floating candle molded in the shape of a bunch of raspberries that measures approximately 1” in height and 2-1/2” in diameter and is decorated with painted green colored leaves on top.

Tart Floating Candle consists of two designs of round floating candles (with/without tin container) that measure approximately 3/4” in height and 3-3/4” in diameter with scalloped sides. The first design, consists of gray colored wax made in Macau and poured as a candle in China into a Chinese origin tin container. It is our opinion that the tin container is substantially transformed into a composite good when filled with wax to form a candle. The candle conveys the essential character under GRI 3 (b). The country of origin would be China, where the candle is poured. The second design, is identical in shape to the first design but will be imported without a tin container.

Your samples are being returned upon your request.

The applicable subheading for the Daffodil Floating Candle, Raspberry Floating Candle, and Tart Floating Candle (with and without tin container) 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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