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NY K86253




May 24, 2004
CLA-2-34:RR:NC:SP:237 K86253

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Maurice C. Rynders, President
Trans Pacific Resources, Inc.
22840 Mesa Springs Way
Moreno Valley, California 92557-2630

RE: Tariff classification of various scented tealight and votive candles from China.

Dear Mr. Rynders:

In your letter dated May 18, 2004 you requested a tariff classification ruling.

The 14 gram size scented tealight candles consist of cylinder shaped white or colored wax candles in aluminum or clear plastic cups (approx. 1-1/2”D x ¾”H). The 30 gram size scented votive style candles consist of pillar shaped white or colored wax candles (approx. 1-3/8”D x 1-3/8”H). The 50 gram size scented votive candles consist of tapered column shaped white wax candles (approx. 1-1/4” to 1-5/8”D x 1-7/8”H). The wax is said to consist of 60 percent palm oil and 40 percent paraffin. The candles will be imported in packs of 6 to 20 candles per pack.

The applicable subheading for tealight candles with cups and votive or votive style wax 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, 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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