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NY B86762




July 21, 1997

CLA-2-34:RR:NC:2:236 B86762

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. David A. Eisen
Siegel, Mandell & Davidson, P.C.
1515 Broadway, 43th Floor
New York, NY 10036-8901

RE: The tariff classification of "Small Floral Candle"- PP 165787 from China

Dear Mr. Eisen:

In your letter dated June 23, 1997, on behalf of your client, Avon Products, Inc., you requested a tariff classification ruling.

The sample submitted, "Small Floral Candle" - PP 165787 is a candle molded in the shape of a bouquet of flowers. The candle measures approximately 3 3/4" in height, 1 3/4" in diameter at the base and 3 1/4 in diameter at the top. It is packaged in cellophane.

The applicable subheading for the Small Floral 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 candle is not within the scope of the antidumping duty order.

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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