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NY L89844

January 23, 2006

CLA-2-36:RR:NC:SP:237 L89844


TARIFF NO.: 3604.90.0000

Mr. John Voss
1719 Cameron Ct.
Edwardsville, Il 62025

RE: The tariff classification of a novelty pyrotechnic device from China.

Dear Mr. Voss:

In your letter of December 28, 2005 on behalf of Li Bin Imports, you requested a classification ruling. Your Music Candle / Sparkling Flower Candle / Magic Candle consists of a 5-inch high pink plastic flower with 8 plastic petals. The flower contains a pyrotechnic device and a music chip. The end of each petal holds a wax candle folded into the flower. When lit, a pyrotechnic flare shoots fire, lights the candles, opens the petals and plays the music chip. Your sample is being returned.

The applicable subheading for the pyrotechnic device will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other pyrotechnic articles. The rate of duty is 6.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your product may be subject to a warning and recall announcement issued by the U.S. Consumer Product Safety Commission, Washington D.C. 20207, telephone number (800) 638-2772 and website www.cpsc.gov.

Candles from China may be subject to anti-dumping duties administered by the U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C. 20230, telephone number (202) 482-3148 and website www.ia.ita.doc.gov.

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 shown above should be provided with the entry documents filed at the time your product is imported. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.


Robert B. Swierupski
Director, National Commodity
Specialist Division

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