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NY 870880


February 21, 1992

CLA-2-34:S:N:N1:236 870880

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Lynn Farina
Jacky Maeder Ltd.
P.O. Box N
JFK Airport Station
Jamaica, New York 11430

RE: The tariff classification of Fragranced Floating Candle from China

Dear Ms. Farina:

In your letter dated January 24, 1992, on behalf of your client, CNEE Sterling Promotional Corp., you requested a tariff classification ruling.

The prospective import is a novelty candle. It appears as a white flower with eight petals set upon a green wax base. The center of the petal holds the whick. The delicate candle floats on water, scenting the air with the elegant fragrance of Summer Hill

The applicable subheading for the Fragranced Floating 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 5.8 percent ad valorem.

The Department of Commerce has excluded figurine-type candles from the Antidumping Duty Order imposed on petroleum wax candles imported from China. In our opinion this candle is not subject to the Dumping Order.

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

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