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NY K86097




May 17, 2004
CLA-2-34:RR:NC:SP:237 K86097

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a translucent wax candle with LED from China.

Dear Mr. Hoffacker:

In your letter dated May 10, 2004, on behalf of Globalshop Inc., you requested a tariff classification ruling. Your sample is being returned.

The Snowman Candle with LED is described as a translucent wax candle containing a light emitting diode (LED) that illuminates the inside of the candle with continually changing shades of red, blue and green light when activated by the candle flame. The candle consists of petroleum wax molded in the shape of a 3-dimensional snowman measuring 4 high. The LED is powered by a non-replaceable battery. The candle is retail packed in a printed paperboard box showing a series of lighted candles illuminated on the inside with various colors.

The applicable subheading for the Snowman Candle with LED 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, phone (202) 482-0961.

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 should be provided with the entry documents filed at the time merchandise is imported. If you have 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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