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NY C89778

August 20, 1998

CLA-2-34:RR:NC:2:228 C89778


TARIFF NO.: 3406.00.0000

Ms. Janyce L. Forsyth
Barradell and White Design Limited
2109 Banbury Road
North Vancouver, B.C. Canada V7G 1W7

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of "Candle Charms" from Canada; Article 509

Dear Ms. Forsyth:

In your letter dated July 9, 1998, you requested a ruling on the status of candles from Canada under the NAFTA.

The submitted sample, called "Candle Charms," consists of two white taper candles measuring 9 « inches tall and 3/4 inches in diameter. It is packaged in clear plastic wrap tied with a gold ribbon. The bottom halves of the candles are decorated with gold leaf foil and a removable brass frog charm affixed with "tacky" wax. The taper candles, brass charms, and the gold leaf foil, all products of the United States, will be assembled and packaged in Canada.

The applicable tariff provision for the "Candle Charms" will be 3406.00.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for candles, tapers, and the like. The rate of duty will be 1.2 percent ad valorem.

The "Candle Charms", being wholly obtained or produced entirely in the territory of the United States and Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the "Candle Charms" is a good of the United States for marking purposes.

In general, articles of United States origin are not subject to the requirements of 19 U.S.C. 1304. The Federal Trade Commission (FTC) has jurisdiction concerning the marking of American made articles. Any inquiries on that subject should be directed to the FTC. The address is Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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. If you have any questions regarding the ruling, contact National Import Specialist V. Gualario at 212-466-5744.


Robert B. Swierupski
National Commodity

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