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NY J88904




October 7, 2003

CLA-2-34:RR:NC:SP:237 J88904

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Danny Gabriel
Avon Products, Inc.
1251 Avenue of the Americas
New York, New York 10020

RE: Tariff classification of a wax candle poured in a glass jar with shade from China.

Dear Mr. Gabriel:

In your letter dated September 24, 2003 you requested a tariff classification ruling. Reference number PP#267172 Gardenia Home Fragrance Candle Lamp Jar consists of a light-green scented wax candle poured in clear glass jar with a frosted glass lampshade decorated with hand-painted flowers (approx. 4.25”D x 6.75”H). The wax is said to consist of 60% palm wax, 37% paraffin wax and 3% fragrance. The candle poured in a jar imparts the essential character of the set.

The applicable subheading for the wax candle poured in a glass jar with a glass lampshade will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for candles, tapers and the like. The 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 St. and Constitution Ave. NW, Washington, DC 20230, phone (202) 482-0162.

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 time 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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