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NY K88590




August 12, 2004
CLA-2-34:RR:NC:SP:237 K88590

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Lisa Peterson
Midwest
32057 64th Avenue
Cannon Falls, MN 55009

RE: Classification of a pillar shaped candle set with glass holder and snuffer from China

Dear Ms. Peterson:

In your letter dated August 3, 2004 you requested a tariff classification ruling. Your sample is being returned.

Proj# 14751C05W1 Candle with Tray and Snuffer consists of a white pillar shaped wax candle (3”D x 4-1/4”H), a rectangular shaped clear glass tray with recessed area to hold the candle (4-3/4”L x 3-1/2”W x 3/4”H) and a metal snuffer (1”D x 3”H). The three items are retail packed in a clear plastic box tied with white ribbon. The candle is said to consist of approx. 60% palm oil and 40% paraffin wax. The candle imparts the essential character of the set.

The applicable subheading for the pillar shaped candle with glass holder and snuffer 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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