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May 13, 1996

NY A83288


CLA-2-34:RR:NC:FC:236 A83288

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Joyce Spano
Manager, Import Department
Natural, Nydegger Transport Corporation
One World Trade Center
Suite 5345
New York NY 10048

RE: The tariff classification of Peach Candle (Item# 1855) from China.

Dear Ms. Spano:

In your letter dated May 1, 1996 on behalf of your client Ben Rickert Inc., you requested a tariff classification ruling.

The submitted sample consist of a Peach Candle which has been poured into a terra cotta container. The terra cotta container measure 2 1/2 inches in length and 3 inches in diameter.

Based on use, it is our opinion that the Peach Candle conveys the essential character (GRI #3(b)).

The applicable subheading for the Peach 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 3.5 percent ad valorem.

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

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 V. Gualario at 212-466-5744.

Sincerely,

Roger J. Silvestri
Director

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