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NY H87190




January 25, 2002

CLA-2-34:RR:NC:2:237 H87190

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Jasmine Rodriguez
Worldlink International, Inc.
P.O. Box 895
701 Copper Road
Voorhees, NJ 08043

RE: The tariff classification of star shaped candles from China.

Dear Ms. Rodriguez:

In your letter received January 18, 2002, on behalf of SKI Industries USA, you requested a tariff classification ruling.

The two samples submitted consist of the following candles:

Item #780664707568 is a clear plastic shrink-wrapped red wax candle molded in the shape of a star with a raised design decorated with gold paint. It measures approximately 4 inches in diameter and 1 1/8 inches high. Item #780664717635 is a clear plastic shrink-wrapped cardboard box containing 6 star shaped floating candles, three are painted gold and three are painted silver. Each star measures approximately 2 inches in diameter and 1 1/4 inches high.

The applicable subheading for the star shaped candles 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.

These articles may be subject to antidumping 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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