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NY R00833




CLA-2-34:RR:NC:SP:237 R00833 September 21, 2004

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. William R. Peiffer, President
Able International Manufacturing Group
9710 Kris Trail
Orland Park, Illinois 60462

RE: Tariff classification of scented wax candle sets with polyresin bases from China.

Dear Mr. Peiffer:

In your letter dated September 16, 2004 you requested a classification ruling.

Your Candle and Candlestand sets each consist of a scented figure shaped candle on a polyresin base in four designs: a pillar shaped candle on a teardrop shaped base; a pillar shaped candle on a sphere shaped base; a lampshade shaped candle on a teardrop shaped base; and a lampshade shaped candle on a sphere shaped base. The wax candle imparts the essential character of each set.

The applicable subheading for the scented wax candle sets with polyresin bases will be 3406.00.0000, Harmonized Tariff Schedule of the United States, 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 St. and Constitution Ave. NW, Washington, DC 20230, telephone (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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