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NY D80517




August 17, 1998

CLA-2-34:RR:NC:SP:236 D80517

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Charles Tremonti
Market Resources
27 Homesteader Lane
West Haven, CT 06516

RE: The tariff classification poured candles in terra-cotta pots from China.

Dear Mr. Tremonti:

In your letter dated July 20, 1998, you requested a tariff classification ruling.

Pictorial literature was submitted with your letter. The merchandise is described as poured wax candles in terracotta pots measuring 1 1/2 inches tall and 6 inches in diameter. The wax has been formed and painted to represent various flowers and fruits. Item no. LS-2830 includes a daisy, a rose, an iris, and a tulip. Item no. LS-2818 includes slices of a pear, an apple, a peach, and a lime.

The applicable subheading for the above described merchandise 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 merchandise described 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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