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NY H88683

February 21, 2002

CLA-2-34:RR:NC:SP:237 H88683


TARIFF NO.: 3406.00.0000; 7323.99.9060; 6702.10.2000

Ms. Bernadette Placido
QVC Incorporated
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

RE: Classification of three wax candles, a metal tray and a plastic fruit ring from China.

Dear Ms. Placido:

In your letter of February 18, 2002 you requested a tariff classification ruling on three wax candles, a metal tray and a plastic fruit ring.

Three green colored scented pillar candles, measuring 3-3/4 inch in diameter by 5, 6-1/2 and 8 inches in height, are said to consist of 55 percent palm oil wax and 45 percent paraffin wax. A white painted metal tray with handles measures 18 inches long by 10-1/2 inches wide by 4-1/4 inches high. A plastic fruit ring consists of textile grape leaves and polyfoam apples, pears, grapes and berries, which are covered with tiny glittering beads and attached to paper wrapped metal wire. Your samples are being returned.

Although sold as a set, the above described items are not considered a set for Customs purposes since they do not meet a particular need or carry out a specific activity. Therefore, each item will be classified separately in its own appropriate heading.

The applicable subheading for the scented wax candles 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 is free.

The applicable subheading for the painted metal tray will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel; other; not coated or plated with precious metal; other; other; other. The rate of duty is 3.4 percent ad valorem.

The applicable subheading for the plastic fruit ring will be 6702.10.2000, HTSUS, which provides for artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: of plastics: assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods. The rate of duty is 8.4 percent ad valorem.

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 Street and Constitution Avenue, N.W., Washington, DC 20230, telephone number (202) 482-4106.

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.


Robert B. Swierupski

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