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NY B82334




March 26, 1997

CLA-2-34:RR:NC:2:236 B82334

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Ken August
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of Novelty Glow Candle, Item #6013, from China.

Dear Mr. August:

In your letter dated February 25, 1997, you requested a tariff classification ruling.

The sample submitted consists of a two-part column candle with an outer wall decorated with heart designs and the words "GLOW OF LOVE." It measures 5" in length and 3" in diameter, and is constructed such that when lit and allowed to burn down, the outer wall remains and glows from the flame within. The candle will be imported in an assortment of colors. Each candle is individually wrapped in a polybag.

The applicable subheading for the Novelty Glow Candle, Item #6013, 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 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 Novelty Glow Candle is subject to 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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