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NY I83470




July 11, 2002

CLA-2-34:RR:NC:SP:237 I83470

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Teri Berlant
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, Oregon 97208-8829

RE: Tariff classification of a gift-wrapped glass votive candle from China.

Dear Ms. Berlant:

In your letter dated July 3, 2002 on behalf of Fred Meyer Inc., The Kroger Company, you requested a tariff classification ruling.

Your sample consists of a white colored wax votive candle poured in an ordinary clear glass container, measuring 2-1/2 inches in height by 2 inches in diameter at the mouth. The glass votive candle is gift-wrapped in a multi-colored polyester fabric measuring 10-1/2 inches square and tied with a beaded string. The candle is said to consist of 60% palm oil and 40% paraffin wax.

The applicable subheading for the gift-wrapped glass votive candle 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
Specialist Division

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