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NY D83214




November 3, 1998

CLA-2-34:RR:NC:2:236 D83214

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Eng Tech
Raul J. Roch DBA JMR CARGO EXPRESS
10053 International Rd.. #22
Los Angeles, CA 90045

RE: The tariff classification of X'MAS Candle with Holder, Item # 45987 from China.

Dear Mr. Tech:

In your letter dated September 30, 1998 on behalf of your client Maxima Trading Inc., you requested a tariff classification ruling.

The sample submitted is a red candle poured into a ceramic pot. The pot measures approximately 1" in height and 4" in diameter and is decorated with a design of rocking horses and wrapped gifts molded and glazed on its side.

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 is 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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