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NY I89973




January 28, 2003

CLA-2-34:RR:NC:SP:237 I89973

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, New York 11581

RE: The tariff classification of three ready-to-decorate wax candles with glitter from China.

Dear Mr. Maher:

In your letter dated January 16, 2003, on behalf of RoseArt Industries, you requested a tariff classification ruling.

Style #1300 Glitter Magic Candle Art kit with three ready-to-decorate candles consists of one rectangle shaped candle (4”H x 2-3/4”W x 2-3/4”L), one triangle shaped candle (7”H x 3”W x 2-3/4”L), one dumbell shaped candle (6”H x 2-1/2” to 3”D), six small tubes of colored glitter glue and a small bag of sequins/jewels packed together in a printed retail cardboard box. The essential character of the kit is imparted by the candles. Your sample is being returned.

The applicable subheading for the three ready-to-decorate wax candles with glitter glue and sequins/jewels 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 control number indicated above should be provided with entry documents filed at the time merchandise is imported. For any questions on 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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