The tariff classification of various novelty and figure-shaped wax candles from China.

N237060 February 8, 2013 CLA-2-34:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Mr. Sunny Yu Monday Beauty Limited 3013-3016, 30/F Paul Y Centre 51 Hung To Road Kwun Tong, Hong Kong China RE: The tariff classification of various novelty and figure-shaped wax candles from China. Dear Mr. Yu: In your letter received here on January 7, 2013 you requested a tariff classification ruling. You provided illustrated literature and samples of several versions of six basic products for review. The Box Sets of Novelty Candles on Picks each consists of 5 or 6 painted petroleum wax candles containing fiber wicks. In one set the candles are molded on one side only as a tiger, elephant, bear, horse or lion (1 each). In the other set the candles are molded on one side only as a bee ladybug or butterfly (2 each). Each candle measures 1" (L) x 3/4" (W) x 1/4" (H) and has a wooden pick protruding 1-1/2" from the bottom edge to allow upright placement on top of a cake. The candles come set in a styrene block that is retail packed inside a clear soft plastic box. The Box Sets of Novelty Candles with Birthday Candles each consists of 4 painted petroleum wax novelty candles and 4 common birthday candles containing fiber wicks. In one set 4 candles are molded on one side only as a toucan or crane (2 each). In the other set 4 candles are molded on one side only as a different shaped fish (1 each). Each novelty candle measures 1" (L) x 3/4" (W) x 1/4" (H) and has a wooden pick protruding 1-1/2" from the bottom edge to allow upright insertion on top of a cake. Each birthday candle measures 2-1/4" (L) x 1/4" (D) and is set in a white plastic holder with a 1/2" spike to allow upright placement on top of a cake. The candles come set in a styrene block that is retail packed inside a clear soft plastic box. The 3-D Single Figure Candles each consists of a small painted 3-dimensional figure-shaped petroleum wax candle containing a fiber wick. The candles come in 6 varieties: a little penguin in blue scarf and red hat, a little deer in green scarf and red coat, a little bear in red scarf and green hat, a little girl in a green costume with white wings and green tiara, a little girl in a white costume with white wings and gold tiara, and a snowman in red scarf and black top hat with holly leaves berries. Each candle measures approximately 3-1/4" (H) x 21/4" (L) x 2" (W) and is designed with a flat base to stand upright on a horizontal surface. Each candle comes retail packed in clear cellophane wrapping. The 3-D Double Figure Candles each consists of a painted 3-dimensional figure-shaped petroleum wax candle containing a fiber wick. One candle depicts a grandpa and a grandma in red costumes and hat sitting back-to-back on a green sled on a bed of snow. The other candle depicts two snowmen in red or blue hats and scarves sitting back-to-back on a red sled with a green tree on a bed of snow. Each candle measures 3" (H) x 3" (L) x 2" (W) and is designed with a flat base to stand upright on a horizontal surface. Each candle comes retail packed in clear cellophane wrapping. The Box Set of Molded Alphabet Candles on Picks consists of 13 small colored petroleum wax novelty shaped candles containing fiber wicks. The candles are assorted cut-out capital letters that may be used to spell out “HAPPY BIRTHDAY”. Each candle measures 1" (L) x 1/2" (W) x 1/4" (H) and has a wooden pick protruding 1-1/2" from the bottom edge to allow upright placement on top of a cake. The candles come inserted in a styrene block retail packed inside a clear soft plastic box. The Party Supplies Candles Set consists of 1 white petroleum wax novelty candle and 12 pink birthday candles containing fiber wicks. The novelty candle is molded in a flat irregular shape and has a printed decal depicting a little girl in a pink dress on one surface. The novelty candle measures 4" (L) x 2-5/8" (W) x 1/2" (H) and has a flat bottom edge to allow upright placement on top of a cake. Each birthday candle measures 2-1/2" (H) x 1/4" (D) and is designed to allow upright insertion on top of a cake. The candles come retail packaged in a clear blister pack with a printed paperboard backing. The applicable subheading for each box set of novelty candles and each individually wrapped figure-shaped 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. 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