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NY R00541





July 19, 2004
CLA-2-34:RR:NC:SP:237 R00541

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Troy D. Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: Classification of a flower shaped candle set with terracotta holder from China.

Dear Mr. Crago:

In your letter dated July 8, 2004 you requested a tariff classification ruling.

Item# C05K0270 Floating Flower Candle Set consists of a floating flower shaped wax candle (2.75”D x 1”H) and flower shaped terracotta holder packed together with shrink band. The candle imparts the essential character of the set.

The applicable subheading for the candle set with terracotta holder 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

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