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NY H83110




July 10, 2001

CLA-2-34:RR:NC:SP:237 H83110

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 pillar candles from China.

Dear Ms. Keller:

In your letter dated June 11, 2001, on behalf of Candle Lite Inc., you request a tariff classification ruling.

You submit the following samples:

Style #CL3752, Christmas Candle, is a yellow colored pillar candle that measures approximately 4” in height and 3” in diameter and is decorated with gold colored bands. The candle is packaged in cellophane with a gold colored bow.

Style #CL2892, Christmas Candle, is a white colored pillar candle that measures approximately 6” in height and 3” in diameter and is decorated with silver colored bands. The candle is packaged in cellophane with a silver colored bow.

Although the candles may be intended as gifts for use during the Christmas Holiday season, they are not in the shape of any motif associated exclusively with the Christmas Holiday season nor are they permanently decorated with such motifs. They are not classifiable as festive articles.

Your samples are being returned upon your request.

The applicable subheading for Style #CL3752, Christmas Candle, and Style #CL2892, Christmas 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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