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NY J89178




September 29, 2003

CLA-2-34:RR:NC:SP:237 J89178

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Patrick La Quaglia
Masterpiece International, Ltd.
2300 Higgins Road, Suite 301
Elk Grove Village, Illinois 60007-2618

RE: Classification of a group of birthday candles connected to a wick from China.

Dear Mr. La Quaglia:

In your letter dated September 9, 2003, on behalf of the Instalite Corp., you requested a classification ruling. In your example, the standard wicks of 35 ordinary birthday candles (2-1/4”H x 3/16”D) are attached to a length of “wick composition” in a series (1-3” apart). The candles are lit by igniting the end of the “wick composition” attached to the wick of the first /last candle of the series. The “wick composition” consists of a wick or string material coated with a nitrate solution designed to burn completely without residue or harmful gases. The speed of the burning is controlled by the amount of nitrate compound used (approx. 0.42 or 0.93 or 1.30” per second).

The applicable subheading for the group of birthday candles connected to a “wick composition” 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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