Classification of a pillar wax candle and a poured wax candle from China.

NY L83967 April 11, 2005 CLA-2-34:RR:NC:SP:237 L83967 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Ms. Amy Wu Silk Road Gifts, Inc. 410 Commerce Blvd. Unit C Carlstadt, NJ 07072 RE: Classification of a pillar wax candle and a poured wax candle from China. Dear Ms. Wu: In your letter dated April 6, 2005 you requested a tariff classification ruling. Item # F368881 Floral Prints Rose Candle consists of a scented pink colored pillar shaped wax candle. Based on Bureau Veritas Technical Report (5104)216-0025 dated August 5, 2004 the wax content was analyzed according to U.S. Customs Lab Method 34-07 and determined to be 34 percent paraffin wax and 66 percent palm wax/other. Item # F230571 Precious Moments Candle Jar with Topper consists of a scented pink colored wax candle poured in a clear glass jar with polyresin topper decorated with two figurines. Based on Bureau Veritas Technical Report (5104)251-0080 dated September 20, 2004 the wax content was analyzed according to U.S. Customs Lab Method 34-07 and determined to be 27 percent paraffin wax and 73 percent palm wax/other. The applicable subheading for Item # F368881 Floral Prints Rose Candle and Item # F230571 Precious Moments Candle Jar with Topper 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 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division