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NY K82788





February 9, 2004
CLA-2-96:RR:NC:SP:236 K82788

CATEGORY: CLASSIFICATION

TARIFF NO.: 9602.00.40 .0000

Mr. Gillian Peirce
Polardreams International LTD.
1100 North 4th Street
Fairfield, IA 52556

RE: The tariff classification of Wax Potpourri Tarts from China

Dear Mr. Peirce:

In your letter dated January 15, 2004 you requested a tariff classification ruling.

The wax potpourri tart is made of blended wax with less than 50 percent petroleum. The wax tarts will be sold in various colors and fragrances. Each tart will be packaged for sale as a single item. The wax tarts are used in a tart burner. A tealight candle is placed in the base of the burner and the tart is placed in the top. When the candle is lit the wax potpourri tart melts and the fragrance is emitted.

The applicable subheading for the wax potpourri tarts will be 9602.00.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included: Molded or carved articles of wax. The rate of duty will be 1.8 percent ad valorem.

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. If you have any questions regarding the ruling, contact National Import Specialist Debra Wholey at 646-733- 3034.

Sincerely,

Robert B. Swierupski
Director,

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