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NY B84137





April 24, 1997

CLA-2-34:RR:NC:2:236 B84137

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. David Melendez
LAVA Enterprises, Inc.
131 West 33rd Street
National City, CA 91950-7210

RE: The tariff classification of MARS Candle Tapers made from sterin from China

Dear Mr. Melendez:

In your letter dated April 3, 1997, you requested a tariff classification ruling.

The sample submitted consists of two white rectangle (straight-sided) candles, measuring approximately 15 1/2" in length and 11/16" on each side, packed for retail in a white cardboard box with a clear plastic top. The candles will be manufactured in China.

Laboratory analysis indicates that the samples are composed of palmatic acid and stearic acid.

The applicable subheading for the MARS Candle Tapers 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 country of origin for marking purposes is China. Made in China must be marked on the retail container in accordance with 19 CFR 134. It should also be noted that wherever the name and address of a person or company in the United States appears on the container, the country of origin must also appear as required under 19 CFR 134.22(c).

The sample candles are not 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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