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NY B84857




June 27, 1997

CLA-2-34:RR:NC:2:236 B84857

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Michele Smith
Sears, Roebuck and Co.
3333 Beverly Road, BC 204A
Hoffman Estates, Illinois 60179

RE: The tariff classification of Candles Stock No.(s) 91219,91220,91222,91223,91224 from China

Dear Ms. Smith:

In your letter dated April 29, 1997, you requested a tariff classification ruling.

The samples submitted are as follows:

Stock No.91219 is a white pearlized candle molded in the shape of a ball and measures approximately 2.75" in diameter.

Stock No.91220 is a gold candle molded in the shape of a pine cone and measures approximately 4 1/2" in height and 2 3/4" at its base. This candle is also available is in pearlized white.

Stock No.91222 is a pearlized while column candle and measures approximately 5 1/2" in height and 3" in diameter. It is decorated with scrolls and pearls molded in its side. This candle is also available in gold.

Stock No.91223 is a white column candle decorated with a gold embossed nativity scene, and measures approximately 5 1/2" in height and 2 1/2" in diameter. This candle is also available decorated with an embossed cherub.

Stock No.91224 is a gold candle molded in the shape of a ball decorated with a rope design and measures approximately 3 1/2" in diameter. This candle is also available in pearlized white.

Each of the above candles is individual wrapped in a cellophane bag and tied with a gold fabric ribbon.

The applicable subheading for the each of the above described candles will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides for Candles, tapers and the like. The rate of duty will be 2.3 percent ad valorem.

The Department of Commerce has determined that petroleum wax candles in the following shapes: tapers, spirals, and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, Stock No. 91222 is within the scope of the antidumping duty order. Stock No(s) 91219, 91220, 91223 (Embossed Nativity Scene) and 91224 are not within the scope of the antidumping duty order. We are unable to offer an opinion at this time regarding Stock No. 91223 (Embossed Cherub), since a sample was not submitted with this request.

This ruling is being issued under the provisions of Section 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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