CLA-2-34:S:N:N7:236 890172

Mr. Mark Rave
ClearFreight Corp.
P.O. Box 92963
Los Angeles, CA 90009

RE: The tariff classification of a Candle Tin from Hong Kong, China, Taiwan, and Thailand.

Dear Mr. Rave:

In your letter dated September 2, 1993, on behalf of your client Dakin Inc., you requested a tariff classification ruling.

The prospective import consists of a perfumed or non-perfumed candle which has been poured into a tin can or a metal container with a lid and handle. The can measure 3 3/4 high by 3 1/4 in diameter.

The applicable subheading for the Candle Tin will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for candles, tapers and the like. The duty rate will be 5.8 percent ad valorem. Articles classifiable under subheading 3406.00.0000, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The Department of Commerce has determined that candles in the following shapes: tapers, spirals, straight-sided dinner candles, rounds, columns, pillars, votives, and various wax-filled containers are subject to the Antidumpling Duty order on petroleum-wax candles from China.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport