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NY D83614




November 6, 1998

CLA-2-34:RR:NC:2:236 D83614

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Ken August
Easter Unlimited, Inc.
80 Voice Road
Carle Place NY 11514

RE: The tariff classification of Candles from China.

Dear Mr. August:

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

The samples submitted are as follows:

Item #6012 - Sweetheart Tapers are two 10" x 3/4" taper candles each molded with a 4 1/4" stack of four hearts on top of one another, positioned approximately 1 1/2" from the base.

Item #4132 - Pearlized Egg Candle is a pink candle molded into the shape of an egg and measures approximately 2 1/2" in length and 2" in diameter.

Item #4133 - 4 Egg Shaped Candles are four colored candles molded into the shape of an egg similar to that of item # 4132. The egg candles are packed for retail in an egg crate.

The applicable subheading for the above described candles 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 determined that candles molded in the shapes of identifiable objects, such as an animal, a numeral or an egg are not with the scope of the antidumping duty order. In our opinion, the above described samples are 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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