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NY C85606





April 7, 1998

CLA-2-34:RR:NC:SP:236 C85606

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Gerry Stauffenecker
Tsumura International
1000 Valley Park Drive
Shakopee, MN 55379

RE: The tariff classification of a candle from China.

Dear Ms. Stauffenecker:

In your letter dated March 18, 1998, you requested a tariff classification ruling.

The submitted sample is a red pillar candle molded in the shape of a 5 point spiraled star. The candle measures approximately 7-1/2" tall and 2-1/2" across its widest point.

The applicable subheading for the candle 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% 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 candle is 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

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