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NY D82552




October 9, 1998

CLA-2-34:RR:NC:2:236 D82552

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Stephen S. Spraitzar
Law of George R. Tuttle
Three Embarcadero Center, Suite 1160
San Francisco, California 94111

RE: The tariff classification of Candle from China.

Dear Mr. Spraiter:

In your letter dated September 17, 1998, on behalf of your client The Companion Group, you requested a tariff classification ruling.

The sample submitted is a purple candle molded in the shape of a daisy and measures approximately 1 3/4" in height and 4 3/4 in width. It is decorated with a white wax flower head that measures 5/8" in height and 2" in diameter. The wick is in the center of the candle and runs through the wax flower head.

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 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. The Department has also determined that candles molded in the shape of certain identifiable objects, such as an animal or a numeral, are not within the scope of the antidumping duty order. In our opinion, the sample is not within the scope of the antidumping duty order on petroleum wax candles from China.

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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