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NY K87445

July 13, 2004
CLA-2-34:RR:NC:SP:237 K87445


TARIFF NO.: 3406.00.0000

Mr. Joel K. Simon
Serko & Simon LLP
1700 Broadway - 31st Floor
New York, New York 10019

RE: Classification of wax candles poured in figure shaped containers from China.

Dear Mr. Simon:

In your letter dated July 8, 2004, on behalf of Russ Berrie and Company, you requested a tariff classification ruling for five wax candles poured in figure shaped earthenware containers. Your samples are being returned.

Items #25901 (Elephant), #25902 (Pig), #25904 (Zebra), #25906 (Tiger) and #25907 (Lion) each consist of a wax candle poured in a figure shaped earthenware container that measures approximately 6” long x 4-3/4” high x 4-1/4” in width and features a 2” diameter cavity that contains a poured candle stated to be made up of palm oil wax.

The applicable subheading for each of the five wax candles poured in earthenware containers will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides for candles, tapers and the like. The duty rate 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, phone (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.


Robert B. Swierupski
National Commodity

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