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NY A84578




July 11, 1996

CLA-2-34:RR:NC:FC:236 A84578

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Michele Smith
Sr. Administrative Assistant
Import Department
Sears, Roebuck and Co.
3333 Beverly Road, BC 204A
Hoffman Estates, Illinois 60179

RE: The tariff classification of Candles, Stock No(s). 98761 and 98762 from China

Dear Ms. Smith:

In your letter dated June 3, 1996, you requested a tariff classification ruling.

The samples submitted are as follows:

Stock# 98761 consists of a gold candle molded into the shaped of a praying angel. The candle measures approximately 7 inches in length and 2 1/2 inches in diameter. The candle is wrapped in cellophane and tied with a gold color bow.

Stock# 98762 consists of a 4 sided pyramid shaped ivory candle embossed with a gold color angel on each of its four sides. The candle measures approximately 4 1/2 inches at the base and 4 1/2 inches in height. The candle is wrapped in cellophane and tied with a gold color bow.

The applicable subheading for the Candles, Stock No(s). 98761 and 98762 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 U.S. Department of Commerce has determined that candles shaped in the form of certain identifiable objects are not within the scope of the antidumping duty order for petroleum wax candles from China. Stock No(s). 98761 and 98762 are not within the scope of the antidumping duty order.

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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