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NY A86173




August 29, 1996

CLA-2-34:RR:NC:FC:236 A86173

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Lisa A. Prewitt
Manager of Merchandise Negotiations
Lillian Vernon Corporation
543 Main Street
New Rochelle, NY 10801

RE: The tariff classification of Easter egg taper candle from China

Dear Ms. Prewitt:

In your letter dated August 5, 1996, you requested a tariff classification ruling.

The sample submitted consists of two totem-like candles each composed of nine mini Easter eggs (with various colors and designs) stacked one upon another. The candles measure approximately 10 1/2 inches in height and range from 1/2 to 7/8 inch in diameter from egg to egg. They are sold retail in packages of two.

The U.S. Department of Commerce has determined that candles shaped in the form of certain identifiable objects and certain novelty candle having scenes or symbols of religious holidays depicted in their design are not within the scope of the antidumping duty order for petroleum wax candles for China. The Easter egg tapers candle are not within the scope of the antidumping duty order.

The applicable subheading for the Candles will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for candles, tapers and the likes . The rate of duty will be 3.5 percent ad valorem.

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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