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NY C87645




May 27, 1998

CLA-2-34:RR:NC:SP:236 C87645

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Anthony Mok
Uni-King Marketing Inc.
2770 Steeles Ave. W., Unit 3
Concord, Ontario, L4K 4N5
Canada

RE: The tariff classification of candles from China.

Dear Mr. Mok:

In your letter dated May 6, 1998, you requested a tariff classification ruling.

The submitted samples are as follows:

1. Item #29-BI, "Christmas Decorative Candle", is a white pillar candle which measures approximately 2-3/4 inches in height by 2 inches in diameter. It is decorated with an embossed gold arc pattern all around.

2. "Glowing Candle" is a candle molded in the shape of a ball. The candle consists of a clear wax inner core with a white wax outer shell. It measures approximately 3 inches in diameter and is decorated with red hearts all around.

The applicable subheading for the above described candles 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 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, sample candle Item #29-BI, "Christmas Decorative Candle", is within the scope of the antidumping duty order. The "Glowing Candle" sample is 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

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