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NY N022557




February 27, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Linda K. Wing
MSR Imports, Inc.
Airport Circle Industrial Park
6920 Central Highway
Pennsauken, New Jersey 08109

RE: The tariff classification of scented pillar-shaped wax candle safe sets from China.

Dear Ms. Wing:

     In your letter dated January 21, 2008 you requested a tariff classification ruling. Your samples are being returned.

Item #7628 and Item #7628B Candle Safe Sets consist of a pair of scented ivory-colored pillar-shaped wax candles (3”D x 6”H) with hollowed out bases that contain clear plastic inserts with orange stoppers (2”D x 4-1/2”H) and two extra peel-off labels to conceal the stoppers (2-3/4”D). The inserts may be used as hiding places for small objects. The candles consist of candle wax that may be burned for up to 3 hours. The candles are wrapped in clear cellophane and retail packed in a brown cardboard box with a black and white printed label (5”L x 2-1/2”W). The candles impart the essential character of each set.

The applicable subheading for the pillar-shaped wax candle safe sets with inserts and labels 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 United States Department of Commerce, Import Administration. You may contact them to obtain a scope ruling at 14th St. and Constitution Ave. NW, Washington, DC 20230, at telephone (202) 482-3148, or by visiting their website at 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 the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,


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