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NY B85397




June 10, 1997

CLA-2-34:RR:NC:2:236 B85397

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Steve De Castro
All-ways Forwarding Int'l Inc.
Hemisphere Center, U.S. Rt. 1-9 South
Newark, N.J. 07114

RE: The tariff classification of Secretary's Day Pillar Candle, Item #FC-99389B from China

Dear Mr. De Castro:

In your letter dated May 12, 1997, on behalf of your client, Papel Freelance, you requested a tariff classification ruling.

The sample submitted is a white pillar candle measuring approximately 3" in height and 3" in diameter. The candle is decorated on its side with a wreath of dried flowers and leaves. The words: Thank You, are inscribed in the center of the wreath. The candle is wrapped in plastic and tied at the top with a hemp bow.

The applicable subheading for the Candle 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, the sample is within the scope of the antidumping duty order.

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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