The tariff classification of candles from China.

NY H80159 April 25, 2001 CLA-2-34:RR:NC:SP:237 H80159 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Mr. Jordi Dalmau USA Labs, Inc. 8055 NW 77 Court, Suite 5 Miami, FL 33166 RE: The tariff classification of candles from China. Dear Mr. Dalmau: In your letter dated April 10, 2001, you request a tariff classification ruling. You submit the following photographs and samples: Box 1, Floating Candles, consists of a box filled with five floating candles molded in the following shapes: “Leaf” is a green colored floating candle molded in the shape of a leaf that measures approximately 1-1/2” in height and 3-1/2” across its widest point. “Rose” is a red colored floating candle molded in the shape of a rose that measures approximately 1-1/2” in height and 4” across its widest point. “Half Pear” is a yellow colored floating candle molded in the shape of a half pear slice that measures approximately 1-1/2” in height x 2-1/2” in width x 3-1/2” in length. “Butterfly” is a green colored candle molded in the shape of a butterfly that measures approximately 1-7/8” in height and 4” across its widest point (from wing-to-wing). “Round” is a blue colored round pillar candle with straight sides that measures approximately 2” in height and 3” in diameter. Box 3, Conical Candle, is a brown colored cone shaped candle that measures approximately 6-1/2” in height and 2-1/2” at its widest diameter. Box 4, Ball Candle, is a purple colored candle molded in the shape of a sphere that measures approximately 3” in diameter. The applicable subheading for the Box 1, Floating Candles, Box 3, Conical Candle, and Box 4, Ball Candle, will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Candles, tapers and the like. The rate of duty will be free. We are unable to issue a binding ruling on Box 2, Floating Candle Set, or Box 5, Proposed Floating Candle Set, at this time. Please provide the value of the individual components (the glass bowl, artificial flowers, and floating candles) of Box 2, Floating Candle Set, and (the glass cylinder, silk flower bouquet, and gel candles) of Box 5, Proposed Floating Candle Set. Also, state what the gel in the gel candles is made of and whether it is petroleum derived. If you decide to resubmit your request concerning these products, please include all of the material that we have returned to you. You have asked whether the candles are subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs. 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 F. Cantone at 212-637-7018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division