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NY B87085




August 13, 1997

CLA-2-34:RR:NC:2:236 B87085

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Karen Quintana
New Wave Transport(U.S.A.), Inc.
2417 E. Carson St.
Long Beach, CA 90810

RE: The tariff classification of "PEACE" Candle, Item #9030, and "NOEL" Candle, Item #9031, from China

Dear Ms. Quintana:

In your letter dated June 19, 1997, on behalf of your client Autom, Phoenix, Arizona, you requested a tariff classification ruling.

The sample submitted, "PEACE" Candle,Item #9030, is a white column candle measuring approximately 12" in height and 2 3/4" square with the word PEACE embossed in gold lettering down each of its four sides. Each letter is set in a square outlined in gold with a filigree background. You also request a ruling on a "NOEL" Candle, Item #9031 which you describe as being the same as the "PEACE" Candle, but with the word "NOEL" down the side.

The applicable subheading for both the "PEACE" Candle and the "NOEL" 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. The Department has also determined that certain novelty candles such as Christmas novelty candles that are designed for use only in connection with the Christmas holiday season are not within the scope of the antidumping duty order. In our opinion, the "PEACE" Candle, Item No. 9030, is within the scope of the antidumping duty order. The "NOEL" Candle, Item No. 9031, 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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