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NY D83343




November 2, 1998

CLA-2-34:RR:NC:2:236 D83343

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mrs. Jean Fair
Robert Alan Candle Company
14501 Townsend Road
Philadelphia, PA 19154

RE: The tariff classification of Candle from China.

Dear Mrs. Fair:

In your letter dated October 12, 1998, you requested a tariff classification ruling.

The sample submitted, Item #80001CD - 3.5" Spider Floater, is a floating candle molded in the shape of a spider web with black spider laying on top. The candle measures approximately 1 1/4" in height and 3 1/2" in diameter.

The applicable subheading for Item #80001CD - 3.5" Spider Floater 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 object, 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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