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NY R00555





July 19, 2004
CLA-2-34:RR:NC:SP:237 R00555

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 votive candle set with glass holders from China.

Dear Mr. Crago:

In your letter dated July 9, 2004 you requested a tariff classification ruling.

Item# C05L0165 Votive Candle Gift Set consists of four votive style wax candles and two glass votive holders with jute/flower decoration packed together in a printed paperboard box. The candle wax is said to consist of 60 percent palm oil and 40 percent paraffin wax. The candles impart the essential character of the set.

The applicable subheading for the votive candle set with glass 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

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