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NY D82947





October 9, 1998

CLA-2-34:RR:NC:2:236 D82947

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Dan Lach
New Creative Enterprises, Inc.
401 Milford Parkway
Milford, OH 45150

RE: The tariff classification of Candle from China.

Dear Mr. Lach:

In your letter dated September 16, 1998, you requested a tariff classification ruling.

The sample submitted, the Kathy Hatch Harvest Votive Collection Style 72000-36, is a red candle poured into a terra-cotta pot, measuring approximately 2 1/2" in height x 2 1/2" in diameter. The pot is designed with a glazed Autumn scene depicting a scarecrow in a field of pumpkins. You also indicate that the Kathy Hatch Winter Votive Collection Style 92000-36 includes scenes that represent Christmas festivities.

The applicable subheading for the above described sample 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. In our opinion, the sample Style 72000-36, is within the scope of the antidumping duty order on petroleum wax candles from China. Since a sample of the Kathy Hatch Winter Votive Collection Style 92000-36 was not submitted, we are unable to offer an opinion on this style.

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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