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NY L81399




December 13, 2004

CLA-2-34:RR:NC:SP:237 L81399

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Troy D. Crago
ATICO International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: Classification of a cube shaped wax candle set with metal base from China.

Dear Mr. Crago:

In your letter dated November 24, 2004 you requested a tariff classification ruling. Item # C072KA00057 Candle Set with Checker Pattern consists of a scented cube shaped wax candle with painted silver and gold checker pattern (3”L x 3”W x 4”H) and a painted metal base (4-1/8”L x 4-1/8”W x 1”H) retail packed in a clear poly-bag tied with gold ribbon bow. The candle is said to contain 60% palm oil. The candle imparts the essential character of the set. Your sample is being returned.

The applicable subheading for the block shaped wax candle set with metal base will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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) 482-2312.

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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