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NY H81966




June 26, 2001

CLA-2-34:RR:NC:SP:237 H81966

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347

RE: The tariff classification of candles from China.

Dear Mr. Anderson:

In your letter dated June 8, 2001, on behalf of Europa Imports Inc. of St. Paul, Minnesota, you request a tariff classification ruling.

You submit the following samples:

Item #5026, “Gold And Red Sparkly Poinsettia Pattern Disc Shaped Floater,” is a white colored floating candle molded in the shape of a disc with a raised center but no straight sides that measures approximately 1-1/4” in height and 3-1/2” in diameter. The candle is decorated with what is described as a “poinsettia pattern.” The pattern is a generic flower shape but does not sufficiently resemble poinsettias for this office to recognize them as poinsettias.

Item #5001, “Gold And Red Sparkly Poinsettia Pattern Column Candle,” is a white colored pillar candle that measures approximately 4” in height and 3” in diameter. The candle is decorated with what is described as a “poinsettia pattern.” The pattern is a generic flower shape but does not sufficiently resemble poinsettias for this office to recognize them as poinsettias.

Item #5003, “Gold And Red Sparkly Poinsettia Pattern Teardrop Shaped Candle,” is a white colored candle molded in the shape of a teardrop that measures approximately 4-1/2” in height and 3-1/2” in diameter. The candle is decorated with what is described as a “poinsettia pattern.” The pattern is a generic flower shape but does not sufficiently resemble poinsettias for this office to recognize them as poinsettias.

Item #5007, “Gold And Red Sparkly Poinsettia Pattern Taper Candle,” is a white colored taper candle that measures approximately 9-1/2” in height and 1/4” in diameter. The candle is decorated with what is described as a “poinsettia pattern.” The pattern is a generic flower shape but does not sufficiently resemble poinsettias for this office to recognize them as poinsettias.

Item #5022, “Christmas Bulb Wax Candle,” is a green colored oval candle without straight sides that measures approximately 1-1/2” in diameter. The candle is described as resembling a Christmas bulb ornament, but the candle does not sufficiently resemble a Christmas ornament as it does not have a “hanger” and is oval, not round.

The applicable subheading for the above described candles 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.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. 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.

Sincerely,

Robert B. Swierupski
Director,

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