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NY J88340




September 12, 2003

CLA-2-34:RR:NC:SP:237 J88340

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Renee Zhand
International TRC Company
4300 Maywood Avenue
Vernon, California 90058

RE: The tariff classification of various pillar candles and candle sets from China.

Dear Mr. Zhand:

In your letter dated September 4, 2003 you requested a tariff classification ruling on the following five candle styles.

Style # TRC7403 consists of 3 off-white ball-shaped wax candles with flat bottoms (2-1/4”D x 2-1/8”H) with a small artificial textile and plastic flower stem and 8 glass nuggets packed in a clear acetate cylinder. The wax is said to contain 53% palm oil and 47% petroleum wax. The candles impart the essential character of the set.

Style # TRC7088 consists of a pink pillar-shaped wax candle (3”D x 6”H) wrapped in clear cellophane tied with a ribbon. The wax is said to contain 53% palm oil and 47% petroleum wax.

Style # TRC7089 consists of 3 green pillar-shaped wax candles of varying heights (2”D x 2”H or 2-1/2”H or 3”H) with a wood stand (4”L x 4”W x 1”H) and an artificial textile leaf wrapped in clear cellophane tied with a ribbon. The wax is said to contain 53% palm oil and 47% petroleum wax. The candles impart the essential character of the set.

Style # TRC7410 consists of a red wax gel candle containing red wax spheres poured in a brown pie-shaped wax container (5-1/2”D x 1-1/4”H) wrapped in clear cellophane. No composition is given for the wax.

Style # TRC7800 consists of a clear wax gel candle poured in a clear long-stemmed glass candleholder (2-1/2”D x 9”H) with a 2-1/2” opening and 3” depth containing tiny seashells and blue sand without packing. No composition is given for the wax.

The applicable subheading for all five candle styles 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 (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,

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