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NY G86152

January 31, 2001

CLA-2-34:RR:NC:SP:237 G86152


TARIFF NO.: 3406.00.0000

Mr. Ben Apolinario
Dalton International Limited
104 Delaware Ave.
Olyphant, PA 18447

RE: The tariff classification of candles from China.

Dear Mr. Apolinario:

In your letter dated January 3, 2001, you request a tariff classification ruling.

You submit the following samples:

Item #1, 10" Candy Cane Striped Candle, is a red, white and green colored spiral taper candle that measures approximately 10" in height and 1-1/4" in diameter.

Item #2, 3" Diameter Floating Disc Candle, is a green colored disc shaped candle without straight sides that measures approximately 3" in diameter.

Item #3, 1-3/4" Diameter Floating Disc Candle, is a purple colored round candle with straight sides that measures approximately 1" in height and 1-3/4" in diameter.

The applicable subheading for the above described samples will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Candles, tapers and the like. The rate of duty will be free.

Many candles are covered by antidumping proceedings and, therefore, may be liable for antidumping duties. A list of AD/CVD proceedings at the Department of Commerce and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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. If you have any questions regarding the ruling, contact National Import Specialist F. Cantone at 212-637-7018.


Robert B. Swierupski

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