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NY B83714





January 22, 1998

CLA-2-34:RR:NC:2:236 B87314

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

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

RE: The tariff classification of Sculptured Novelty Tapers Candle, Item #19238 from China

Dear Mr. Liberati:

In your letter dated March 14, 1997, on behalf of your client Liss Brothers Inc., you requested a tariff classification ruling.

The samples submitted are two tapered candles molded into the shape of two angels holding a small string instrument. Each candle measures approximately 10" in height and 1 1/2" at its widest width. The candles will be imported and sold in retail packages in set of two.

The applicable subheading for the Sculptured Novelty Tapers Candle, Item #19238 will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Candles, tapers and the like. The rate of duty will be 1.2 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 candles are 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,

Robert B. Swierupski
Director

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