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NY K88683




August 19, 2004
CLA-2-34:RR:NC:SP:237 K88683

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Carol Jones
Polardreams International Ltd.
1100 North 4th Street
Fairfield, Iowa 52556

RE: Tariff classification of scented wax candles poured in containers from China.

Dear Ms. Jones:

In your letter of August 12, 2004 you requested a tariff classification ruling.

Items # NC3847, # NC3848, # NC3849, # NC3144, # NC3145, # NC3148 and # NC3149 Aroma Jar Candles are identical except for color and fragrance and consist of a 19 oz. scented wax candle poured in a cylinder shaped glass container with glass top. Items # NC4367, # NC4419 and # NC4421 Candle Gift Sets are identical except for color and fragrance and consist of two 19 oz. scented wax candles poured in jar shaped glass containers with glass lampshades and retail packed in printed paperboard boxes with plastic shrink-wrap. The blended wax is said to consist of less than 50% petroleum.

The applicable subheading for the wax candles poured in glass containers with glass tops and the sets of two wax candles poured in glass containers with glass lampshades 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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