CLA-2-34:RR:NC:SP:237 G87878

Ms. Camille Montante
Fritz Companies, Inc.
150-20 132nd Avenue, 2nd Floor
Jamaica NY 11434

RE: The tariff classification of wax-filled containers and a wax bowl from China.

Dear Ms. Montante:

In your letter dated February 23, 2001, on behalf of your client, Libra Pacific LLC, of New York, New York, you request a tariff classification ruling.

You submit the following samples:

Item #AA30019S, Small Lantern Candle, consists of a white colored candle poured into a white colored deep ridged wax container that measures approximately 4” in height and 3” in diameter.

Item #AA30007, Small Round Lantern Candle, consists of a green colored candle poured into a green colored ridged wax container that measures approximately 3” in height and 4” in diameter.

Item #CA23505B, Basketweave-Look Wax Bowl, is a green colored wax bowl (no wick) that measures approximately 3-1/4” in height and 8” in diameter.

Your samples are being returned upon your request.

The applicable subheading for Item #AA30019S, Small Lantern Candle, and Item #AA30007, Small Round Lantern 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.

The applicable subheading for Item #CA23505B, Basketweave-Look Wax Bowl, will be 9602.00.4000, HTS, which provides for Worked vegetable or mineral carving material and articles of these materials; molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading 3503) and articles of unhardened gelatin: Molded or carved articles of wax. The rate of duty will be 1.8 percent ad valorem.

You have asked whether this product is 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