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NY I83172




June 21, 2002

CLA-2-34:RR:NC:SP:237 I83172

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Harlan J. Reynolds
Horizons East Incorporated
351 Courtland Avenue
Stamford, Connecticut 06906

RE: The tariff classification of four wax candle items from China.

Dear Mr. Reynolds:

In your letter dated June 13, 2002 you requested a tariff classification ruling on four wax candle items. Your samples are being returned.

Item KM02-092 consists of four red and white striped wax candles packaged together as a set. Two pillar shaped candles measure 3” D x 3” or 6” H. Two floater shaped candles are 3” D x 1-1/4” H. Based on a formula sheet, the pillar candles consist of 58% palm oil and 42% paraffin wax. The floater candles are 100% paraffin wax.

Item KX-0066R consists of three blue and white striped wax candles and one square shaped silver colored ceramic base packaged together as a set. Two pillar shaped candles measure 2-1/2” D x 3-1/2” or 5-7/8” H. One ball shaped candle is 2-1/2” D. Based on a formula sheet, the pillar candles consist of 58% palm oil and 42% paraffin wax. The ball candle is 100% paraffin wax. The essential character of the set is imparted by the candles.

Item KM02-095 consists of four off-white colored candles and one square shaped gold colored ceramic base packaged together as a set. Three pillar shaped candles measure 3” D x 3” or 4” or 6” H. One ball shaped candle is 3” D. Based on a formula sheet, the pillar candles consist of 58% palm oil and 42% paraffin wax. The ball candle is 100% paraffin wax. The essential character of the set is imparted by the candles.

Item KM02-198 consists of a single candle measuring 2-1/2” D x 5” H. Based on a formula sheet, the candle consists of 58% palm oil and 42% paraffin wax.

The applicable subheading for all four candle items will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for candles, tapers and the like. The rate of duty is free.

Candles from China may be subject to anti-dumping duties administered by the U.S. Department of Commerce, Import Administration. You may contact them at 14th Street and Constitution Avenue, N.W., Washington, DC 20230, telephone number (202) 482-4106.

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. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity

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