The tariff classification of Peppermint Stripe Birthday Candles from China.

N246867 November 21, 2013 CLA-2-34:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Mr. Edward Gonzalez CDS Global Logistics, Inc. 70 East Sunrise Highway - Suite 609 Valley stream, New York 11581 RE: The tariff classification of Peppermint Stripe Birthday Candles from China. Dear Mr. Gonzalez: In your letter received here on October 18, 2013, on behalf of Magic Time International Ltd. of Hong Kong, you requested a tariff classification ruling. You provided photos for our review. Item # 34060000-3K Peppermint Stripe Birthday Candles - Bonus Pack (24 pcs x 3 pk) consists of 3 printed blister packs with candles. Each pack contains 6 pink, 6 yellow, 6 blue and 6 white small, thin, striped, pillar-shaped petroleum wax birthday candles. Each candle measures 2-3/8 inches in height by 3/16 inch in diameter. Each pack has a punch out top for mounting on a retail display. The 3 packs come in a paperboard sleeve printed: “Bonus Pack - Buy 1 Get 2 Free”. Item # 34060000 Peppermint Stripe Birthday Candles (80pcs) consists of a folded paperboard box with candles. The box contains 20 pink, 20 yellow, 20 blue and 20 white small, thin, striped, pillar-shaped petroleum wax birthday candles. Each candle measures 2-3/8 inches in height by 3/16 inch in diameter. The white box has a punch out top for mounting on a retail display. The applicable subheading for Item # 34060000-3K Peppermint Stripe Birthday Candles - Bonus Pack (24 pcs x 3 pk) and Item # 34060000 Peppermint Stripe Birthday Candles (80 pcs) 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.enforcement.trade.gov/site-index (click on “Site Index..Import Administration Website” - scroll down to “Scope Information” - click on “How to request a Scope Ruling”. (You may also click on “Petroleum Wax Candles” to view: Final scope Rulings on Petroleum Wax Candles, for example, the March 7, 2013 ruling on birthday 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division