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NY J81411

February 27, 2003

CLA-2-34:RR:NC:SP:237 J81411


TARIFF NO.: 3406.00.0000

Mr. Howard J. Woltmann
Overton & Co. Air Services, Inc.
700 Rockaway Turnpike (Suite 201)
Lawrence, New York 11559

RE: The tariff classification of a wax-filled glass jar candle with metal lid from China.

Dear Mr. Woltmann:

In your letter dated February 24, 2003, on behalf of Cosmetech Mably International LLC, you requested a tariff classification ruling.

The Ellen Tracy Candle consists of a scented white-colored wax candle poured in a square-shaped clear glass jar, measuring 2 inches in height by 3-3/4 inches square, with a fitted metal lid. The candle is said to consist of petroleum wax. The cost of the article is said to be under $3.00. Your sample is being returned.

The applicable subheading for the wax-filled glass jar candle with metal lid 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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