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NY K86674




June 28, 2004
CLA-2-34:RR:NC:SP:237 K86674

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Joanne Harmon and Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: Classification of pillar shaped candle sets with polyresin holders from China.

Dear Ms. Harmon and Ms. Santos:

In your letter dated June 9, 2004 you requested a tariff classification ruling. Your samples are being returned.

CVS Item No. 274396 Candle Set consists of a white painted textured pillar shaped wax candle (2-3/4”D x 4”H) and a circular shaped polyresin holder (5”D) with 1” rim decorated with 3-dimensional molded figures in two assorted styles: (1) Snowmen, Fence, Trees, Birdhouses and letters that spell “HOLIDAY” and (2) Snowmen, Trees, Birdhouse and Cardinal Birds. The candle is said to consist of approx. 60% palm oil. The candle imparts the essential character of each set.

The applicable subheading for the candle sets with polyresin holders 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) 482-0162.

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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