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NY N022567




February 27, 2008

CLA-2-34:OT:RR:NC:SP:237

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. David Cooper
The Philadelphia Group
4717 Stenton Avenue
Philadelphia, PA 19144

RE: The tariff classification of a round pillar-shaped wax candle from China.

Dear Mr. Cooper:

     In your letter dated January 24, 2008 you requested a tariff classification ruling. Your samples are being returned.

The sample labeled Peppermint Christmas Candle consists of a round pillar candle with straight sides (2-3/4”D x 1”H). The candle is molded in red and white colored wax to resemble a peppermint candy and retail wrapped in clear cellophane.

The applicable subheading for the round pillar-shaped wax candle 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 will be free.

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/.

Candles from China may be subject to anti-dumping duties administered by the United States Department of Commerce, Import Administration. You may contact them to obtain a scope ruling at 14th St. and Constitution Ave. NW, Washington, DC 20230, at telephone (202) 482-3148, or by visiting their website at www.IA.ITA.DOC.GOV (click on "Import Administration Home Page" - click on "Decisions and Data" - click on "Scope Rulings: Candles from the PRC").

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. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,


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