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NY L81642





January 20, 2005

CLA-2-34:RR:NC:SP:237 L81642

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

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

RE: The tariff classification of Christmas Embossed Novelty Candles from China.

Dear Mr. Crago:

In your letter dated December 22, 2004 you requested a tariff classification ruling. Item# C072LA00034 Christmas Embossed Novelty Candle consists of a wax filled wax cylinder with a raised molded design in 3 assorted styles: Santa holding Christmas tree, Snowman holding Christmas tree and Snowman with burgundy jacket. The candles are said to contain 60% palm oil and 40% paraffin wax. Your samples are being returned.

The applicable subheading for the wax candles 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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