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NY I86878




September 30, 2002

CLA-2-34:RR:NC:SP:237 I86878

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a pillar shaped wax candle from China.

Dear Ms. Aldinger:

In your letter dated September 24, 2002 you requested a tariff classification ruling.

Item No. 929960 “Candle with Red Lips Outlined in Gold – Scented” consists of a wax candle poured in a pillar shaped wax container with molded lip decorations measuring 4”H x 4”D. In your letter you indicate a composition of 56% palm oil, 41% paraffin wax and 3% fragrance. The sample is retail packed in clear cellophane wrap tied with a red bow.

The applicable subheading for the pillar shaped wax candle with red lips design 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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