CLA-2-96:OT:RR:NC:2:236

Ms. Wei Yan
Dean Candle Inc.
135-22 61 RD
Flushing, NY 11367

RE: The tariff classification of wax in a glass container from China

Dear Ms. Yan:

In your letter dated October 2, 2009, you requested a tariff classification ruling.

In your letter, you indicated that you intended to import paraffin wax or palm wax in 8 inch glass containers. Each wax cylinder has a hole in the center of the wax but does not contain a wick. The essential character of this article is imparted by the wax . Your sample is being returned.

The applicable subheading for the wax in a glass container will be 9602.00.4000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The waxes filled container 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 Street and Constitution Avenue, N.W., Washington, DC 20230, telephone number (202) 482-4106.

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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division