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NY L81729




January 20, 2005

CLA-2-34:RR:NC:SP:237 L81729

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Yvonne M. Whitley
The Millwork Trading Co., Ltd.
1372 Broadway – 2nd Floor
New York, New York 10018

RE: Classification of a 3-dimensional figure shaped wax candle with LED from China.

Dear Ms. Whitley:

In your letter dated January 6, 2005 you requested a tariff classification ruling. Style# KZ0001 Snowman Candle consists of a translucent wax candle containing a battery powered light emitting diode (LED) that illuminates the inside of the candle with varying shades of red, blue and violet light when activated. The candle is molded is in the shape of a 3-dimensional snowman (approx. 3”D x 4-1/2”H). The wax is said to contain 60% palm oil and 40% paraffin wax. Your sample is being returned.

The applicable subheading for the snowman figure shaped wax candle with LED 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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