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NY H87042





January 16, 2002

CLA-2-34:RR:NC:2:237 H87042

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. John Carrier
John Carrier, LCHB 15309
1290 Lundy Drive
Simi Valley, Ca., 93065

RE: The tariff classification of “Party Candle” from China.

Dear Mr. Carrier:

In your letter dated December 27, 2001, on behalf of Interpro International, you requested a tariff classification ruling.

The submitted sample is a pillar candle measuring 4 1/8 inches high and 4 inches in diameter. The candle is molded in the shape of an iced cake.

The applicable subheading for the Party 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.

This product may be 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 for 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 Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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