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NY K81690




January 15, 2004
CLA-2-34:RR:NC:SP:237 K81690

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Virginia Sullavan Canter
Samuel Shapiro & Company
Compliance Department
The Baltimore World Trade Center Building 401 East Pratt Street - Suite 500
Baltimore, Maryland 21202

RE: The tariff classification of a scented pillar candle with music chip from China.

Dear Ms. Sullavan:

In your letter dated January 6, 2004, on behalf of the Musical Candle Company of Philadelphia, you requested a tariff classification ruling.

The Candle Sound musical candle consists of a red scented pillar wax candle (4”D x 4”H) that sits in a grey circular plastic base (4”D x 1”H). The wick contains a fiber optic cable that triggers a musical chip in the base went lit. The candle imparts the essential character of the article. Your sample is being returned.

The applicable subheading for the pillar candle with music chip 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.

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 should be provided with the entry documents filed at the time merchandise is imported. If you have any questions on 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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