Tariff classification of Item No. 164003 Decorative Candle Set from China.

N233643 October 4, 2012 CLA-2-34:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Mr. Tony To Monday Beauty Limited 3013-3016, 30/F Paul Y Centre 51 Hung To Road Kwun Tong, Hong Kong China RE: Tariff classification of Item No. 164003 Decorative Candle Set from China. Dear Mr. To: In your letter received here on September 11, 2012 you requested a tariff classification ruling. You provided illustrated literature and a sample for our review. Item No. 164003 Decorative Candle Set is described as a set that includes two shapes of candles. The sample consists of 6 small pink petroleum wax candles containing fiber wicks and 1 small white petroleum wax novelty candle containing a fiber wick. Each of the 6 pink candles is decorated with a white colored wax spiral and measures 3-1/4" (H) x 1/4" (W). They are designed for upright insertion and safe lighting on top of a birthday cake. The novelty candle is molded in an irregular shape and has the phrase “BIRTHDAY GIRL” imprinted on one side in pink and white letters. The novelty candle measures 3.25" (L) x 1-7/8" (W) x 3/16" (H). It is designed with three small pointed wooden toothpicks protruding along the bottom edge to allow upright insertion and safe lighting on top of a birthday cake. The set is retail packaged in a clear blister pack with printed paperboard backing and warning labels on front and back. The applicable subheading for Item No. 164003 Decorative Candle Set 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. Candles from China may be subject to antidumping duties under the Antidumping Duty Order on Petroleum Wax Candles from the People’s Republic of China. The Order is administered by the U.S. Department of Commerce (DOC), Import Administration. The DOC has determined that three types of candles would be excluded from the scope of the order: birthday candles, utility candles, and figurine candles. The DOC has determined that birthday candles are typically small, thin, pillar-shaped candles that range from 2 inches to 3.5 inches in height, 0.18 inch to 0.25 inch in width, and packaged in quantities of 10 to 24; that birthday numerical candles are candles that are in the shape of numbers that typically range from 2 to 4 inches in height; that utility candles are typically white in color, 5 inches long, 0.75 inch in diameter, and packaged in quantities of two or more; and that a figurine candle is a candle that is in the shape of a human, animal, or deity. You may contact the DOC for a scope ruling at 14th St. and Constitution Ave. NW, Washington, DC 20230, by phone (202) 482-3148 or website: www.ia.ita.doc.gov (click on “Import Administration” - click on “Scope Information” - click on “How to request a Scope Ruling”. You may also click on “Petroleum wax Candles” to view: Final scope Rulings issued on Petroleum Wax Candles). Your product may be subject to prohibition and recall under the laws and regulations administered by the CPSC. You are advised to contact the CPSC to determine if your merchandise complies with pertinent safety standards and regulations. Import compliance information may be obtained by contacting the Office of Compliance, Consumer Product Safety Commission, 4330 East West Highway, Bethesda MD 20814-4408, by calling (301) 504-7912 or by e-mail contact through their website at www.cpsc.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 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 Frank Cantone at (646) 733-3038. Sincerely, Thomas J. Russo Director National Commodity Specialist Division