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NY D83687




November 12, 1998

CLA-2-34:RR:NC:2:236 D83687

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 15, 1998, you requested a tariff classification ruling.

The samples submitted are as follows:

Item #7202- Large Christmas Leaf Candles consisting of two assorted styles. One style consists of a candle measuring approximately 5" in height and 2" in width and molded in the shaped of a red poinsettia. The other style consists of a candle measuring approximately 5" in height and 2" in width, molded in the shaped of a green poinsettia with red berries.

Item #8203- Large Leaf Candles consisting of two candles molded in the shape of a maple and oak leaf, measuring approximately 5" in height and 2" in width.

Item #8202- Autumn Leaf Candles consisting of three candles molded in the shape of a small leaf measuring approximately 1 3/4" in height and 3/4" in width.

The applicable subheading for the 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 also determined that candles molded in the shape of certain identifiable objects, such as an animal or a numeral, are not within the scope of the antidumping duty order. In our opinion, the 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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