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NY I89217

December 12, 2002

CLA-2-34:RR:NC:SP:237 I89217


TARIFF NO.: 3406.00.0000

Ms. Yvonne M.W. Richardson
The Millwork Trading Co., Ltd.
209 West 38th Street, 3rd Floor
New York, New York 10018

RE: The tariff classification of a wax-filled resin-topper glass jar candle from China.

Dear Ms. Richardson:

In your letter dated December 5, 2002, on behalf of Avon Products Inc., you requested a tariff classification ruling.

The Avon Birdhouse Garden – Collectible Candle Jar and Topper consists of a scented yellow-colored wax candle poured in a clear glass jar, measuring approximately 2-7/8 inches in height by 4 inches in diameter, with a fitted foam-plastic stopper lid topped with a three painted polyresin birdhouse figures. The candle is said to consist of 69 percent palm oil wax and 31 percent other wax. Your sample is being returned.

The applicable subheading for the wax-filled resin-topper glass jar candle 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.

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
Director, National Commodity
Specialist Division

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