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NY B86954




August 5, 1997

CLA-2-34:RR:NC:2:236 B86954

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Paula Reeder
Lava Enterprises, Inc.
131 West Street
National City, CA 91950-7210

RE: The tariff classification of "Aromassage" and "Scents of Java" Candles from China

Dear Ms. Reeder:

In your letter dated June 24, 1997, you requested a tariff classification ruling.

The samples submitted are "Aromassage" and "Scents of Java" candles, each poured into a frosted glass. Each glass measures approximately 2 1/2" in length and 2" in diameter. These candles will be imported and sold retail as a set of three in various colors.

The applicable subheading for the "Aromassage" and the "Scents of Java" candles, imported either individually or in sets of three, 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 "Aromassage" and the "Scents of Java" candles are within the scope of the antidumping duty order on petroleum wax candles from China.

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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