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NY R02885




December 7, 2005

CLA-2-34:RR:NC:SP:237 R02885

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Jacquie Severs
Nutcracker Designs
Accent Imports
95 Clegg Road
Markham, Ontario
Canada L6G 1B9

RE: Classification of pillar-shaped wax Christmas candles from China.

Dear Ms. Severs:

In your letter dated November 24, 2005 you requested a tariff classification ruling on pillar-shaped paraffin wax Christmas candles.

Item# N22043/44 Pillar Holly Ivory (approx. 3-6”H) consists of an ivory pillar-shaped paraffin wax candle in assorted sizes decorated with printed holly leaves, berries and the words “Christmas Holly”, “Deck the Halls with Boughs of Holly”, etc.

Item# N22117 Pillar Holly Ivory (approx. 9”H) consists of an ivory pillar-shaped paraffin wax candle decorated with printed holly leaves, berries and the words “Christmas Holly”, “Deck the Halls with Boughs of Holly”, etc.

Item# N22093/94/95 Pillar Holly Berry (approx. 4-8”H) consists of a painted pillar-shaped paraffin wax candle in assorted sizes decorated with raised molded holly leaves and berries packed in a clear cellophane bag tied with ribbon.

The applicable subheading for the pillar-shaped paraffin wax Christmas candles, individually packed or in sets, 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 will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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, by phone (202) 482-3148, or website www.IA.ITA.DOC.GOV (click on “Import Administration Home Page” - click on “Decisions and Data” - click on “Scope Rulings: Candles from the PRC”).

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 shown above should be provided with the entry documents filed at the time merchandise is imported. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski

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