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NY J88846





September 19, 2003

CLA-2-34:RR:NC:SP:237 J88846

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Alice Liu, Import Manager
Atico International U.S.A., Inc.
P.O. Box 14368
Ft. Lauderdale, Florida 33302

RE: Tariff classification of a wax candle poured in a glass jar with shade from China.

Dear Ms. Liu:

In your letter dated September 11, 2003 you requested a tariff classification ruling. Item #C05K0273 Filled Wax Candle with Glass Lamp and Beads consists of an off-white scented wax candle poured in clear glass jar with a frosted glass lampshade decorated with plastic beads (approx. 4.5”D x 8”H). The candle poured in a jar imparts the essential character of the set. Your sample is being returned.

The applicable subheading for the wax candle poured in a jar with decorated lampshade will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for candles, tapers and the like. The 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 St. and Constitution Ave. NW, Washington, DC 20230, pone (202) 482-0162.

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 control number indicated above should be provided with entry documents filed at time merchandise is imported. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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