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NY C85853




April 7, 1998

CLA-2-34:RR:NC:SP:236 C85853

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Brian Loh
Smartlink International Inc.
184-45 147th Avenue, Suite 102
Springfield Gardens, NY 11413

RE: The tariff classification of candles from China.

Dear Mr. Loh:

In your letter dated March 23, 1998, on behalf of Mega Products Inc., you requested a tariff classification ruling.

The submitted samples are as follows:

1. Item # X-1184B, which consists of a black, white and gray colored scented candle molded in the shape of a clamshell. The candle measures 4-1/2" x 1-3/4" x 5".

2. Item #X-1196E, which consists of a lavender colored scented taper candle. The candle measures 9-3/4" in height by 2-1/2" across its base diameter.

The applicable subheading for the candles 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 addition, the Department of Commerce has determined that candles molded in the form of certain identifiable objects are not within the scope of the antidumping duty order on petroleum-wax candles from China. In our opinion, the sample candle item # X-1184B is not within the scope of the antidumping duty order. Item # X-1196E 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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