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NY B81358




February 10, 1997

CLA-2-34:RR:NC:2:236 B81358

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Bernard D. Liberati
General Manager
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883

RE: The tariff classification of Candles, Item #19231 CD, from China

Dear Mr. Liberati:

We are returning your letter of January 10, 1997 concerning your client's request for reconsideration of Ruling Letter NY A88967 and the accompanying catalog.

At issue is Antidumping Duty Order Case A-570-504 on candles from China and your claim that candles submitted under the ruling request are outside the scope of the order.

The Department of Commerce (DOC) has jurisdiction over the applicability of antidumping duties and exemptions from these duties. Since 1990, the DOC has issued scope rulings wherein so called "Christmas Novelty Candles" were found to be within the scope of the order because of the nature of their construction and incorporated designs.

Ruling Letter NY A88967 was issued based on guidelines established in DOC scope rulings and informal discussions with the assigned DOC case officer. Therefore, we recommend that you submit a request for a scope ruling on the candles in question directly to the DOC, International Trade Administration, Washington D.C. 20210. We suggest that you send with your request sufficient samples in their packaging as imported to represent the designs of the candles in question.

If you have any questions regarding this matter, contact National Import Specialist V. Gualario at 212-466-5744.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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