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NY K84276





March 17, 2004
CLA-2-34:RR:NC:SP:237 K84276

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Cindy Varona
MAXS Wholesale Import Export Inc.
2410 East 38th Street
Vernon, California 90058

RE: Tariff classification of straight, column and pillar shaped candles from China.

Dear Ms. Varona:

In your letter dated March 1, 2004 you requested a tariff classification ruling.

Three samples consist of the following: one pair of red straight-sided wax candles (0.75”D x 10”L), one red pillar-shaped wax candle (2”D x 7”L) and one red column-shaped wax candle (2.5”D x 3.75”L) wrapped in red flocked fabric imprinted with gold snowflakes and tied with silver garland with two tiny brass jingle bells.

The applicable subheading for the straight-sided, pillar-shaped and column-shaped candles will be 3406.00.0000, Harmonized Tariff Schedule of the United States, 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 St. and Constitution Ave. NW, Washington, DC 20230, pone (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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