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NY H84812




August 10, 2001

CLA-2-34:RR:NC:SP:237 H84812

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of candles with glass candleholders from Hong Kong.

Dear Ms. Liu:

In your letter dated August 1, 2001, you request a tariff classification ruling.

You submit the following samples:

C05K0181, Pillar Candle With Glass Candleholder Set, consists of a white colored pillar candle that measures approximately 5” in height and 4” in diameter and is packaged in plastic wrap with a circular shaped glass stand that is designed to accommodate the candle. The glass stand measures approximately 1/4” in height and 6-1/4” in diameter with three glass feet that each measure approximately 1/8” in diameter.

C05K0182, Pillar Candle With Glass Candleholder Set, is a blue colored scented pillar candle that measures approximately 4” in height and 2” in diameter and is packaged in a polybag with a circular shaped glass stand that is designed to accommodate the candle. The glass stand measures approximately 1/4” in height and 3-1/4” in diameter with three glass feet that each measure approximately 1/8” in diameter.

C05F2672, Silkscreen Candle With Glass Candleholder Set, is a white colored pillar candle that measures approximately 4” in height and 3” in diameter and is decorated with purple and green colored flowers. The candle is packaged in a polybag with a glass dish that measures approximately 3/4” in height and 5-3/4” in diameter that is designed to accommodate the candle.

Your samples are being returned upon your request.

The applicable subheading for C05K0181, Pillar Candle With Glass Candleholder Set, C05K0182, Pillar Candle With Glass Candleholder Set, and C05F2672, Silkscreen Candle With Glass Candleholder Set, 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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