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NY B89190




October 9, 1997

CLA-2-34:RR:NC:2:236 B89190

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Michele Smith
Sears, Roebuck and Co.
3333 Beverly Road, BC 204A
Hoffman Estates, Illinois 60179

RE: The tariff classification of Candle, Stock No. 91223, from China

Dear Ms. Smith:

In your letter dated August 27, 1997, you requested a tariff classification ruling.

The sample submitted, Stock No. 91223 is a white column candle decorated with two gold cherubs, stars and the word "JOY" molded into its side. It measures approximately 5 1/2" in height and 2 1/2" in diameter, and is packaged in plastic tied with a gold ribbon at the top.

The applicable subheading for the candle, Stock No. 91223, 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. In our opinion, Stock No. 91223 is a figurine type candle 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 Swierupski
Director

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