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NY B85544




June 12, 1997

CLA-2-34:RR:NC:2:236 B85544

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Philip Kwok
BALtrans USA Inc.
700 Rockaway Turnpike
Lawrence, New York 11559

RE: The tariff classification of Candles from China

Dear Mr. Kwok:

In your letter dated May 9, 1997, on behalf of your client, Townley Jewelry, Inc., you requested a tariff classification ruling.

The samples submitted are as follows:

Style #L-912 is a dark green and lime colored candle molded in the shape of a frog. The candle measures approximately 3" in height and 3" at its base. The candle is wrapped in plastic.

Style #L-1226 consists of a set of four green wax candles molded in the shape of fish. Each measures approximately 2 1/2" in height x 3/4" in thickness. The candles are wrapped in plastic and tied with a gold metal twister.

The applicable subheading for each of the samples 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, both samples are outside 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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