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NY D80365




August 17, 1998

CLA-2-34:RR:NC:SP:236 D80365

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Paula Reeder
Lava Enterprises, Inc.
131 West 33rd Street
National City CA 91950-7210

RE: The tariff classification of a candle from China.

Dear Ms. Reeder:

In your letter dated July 10, 1998, you requested a tariff classification ruling.

The submitted sample, "Oval Glowing Art Candle," is a cream colored, pointed oval shaped pillar candle. It measures approximately 3 3/4 inches tall, 4 3/4 inches long and 3 inches wide and has decals depicting a country scene affixed to each side.

The applicable subheading for the above described candle 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 percent ad valorem.

The Department of Commerce (DOC) 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
Director,

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