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NY D83453




November 2, 1998

CLA-2-34:RR:NC:2:236 D83453

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Roby J. Freireich
ACG Green Group, Inc.
970 Bell Ranch Drive
Santa Fe Spring, CA

RE: The tariff classification of Pine Log Candle from China.

Dear Mr. Freireich:

In your letter dated October 1, 1998, you requested a tariff classification ruling.

The sample submitted is a pine scent candle molded and decorated in the shape of a pine log. It measures approximately 2" in height, 1 3/4" across the top and 2" across the base.

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 recognizable objects, such as animals, numbers, bamboo stalks, etc are not within the scope of the antidumping duty order. In our opinion, the above described 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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