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NY B86288




July 15, 1997

CLA-2-34:RR:NC:2:236 B86288

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Jason/Danny
Four Star International Trading Company
6/F., Kasier Estate, Phase ll
51 Man Yue Street
Hunghom, Kowloon, Hong Kong

RE: The tariff classification of "Party Candles", Item 23210124H from China

Dear Mr. Jason/Danny:

In your letter dated June 6, 1997, you requested a tariff classification ruling.

The sample submitted is a box of "Party Candles" in various colors, packaged 24 to a box for retail sale. The candles measure 17 cm in length and 2.6 mm in diameter. You indicate that they are used as birthday party candles.

The applicable subheading for the "Party 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 the "Party Candles" are not within the scope of the antidumping duty order on petroleum wax candles from China.

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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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