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NY D83788




November 2, 1998

CLA-2-34:RR:NC:2:236 D83788

CATEGORY: CLASSIFICATION

TARIFF NO.: D83788

Ms. Ginny Poyer
ATICO International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, Fl 33302

RE: The tariff classification of Candle, Item #3079 from China.

Dear Ms. Poyer:

In your letter dated October 16, 1998, you requested a tariff classification ruling.

The sample submitted, Item #3079 Embossed Halloween Pillar Candle, is an orange pillar candle with three wicks and measures approximately 6" in diameter and 3" in height. Its side is embossed with figures of jack-o'-lanterns, ghosts and bats that cannot be removed without damage to the shape of the pillar.

The applicable subheading for the above describe 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 designed for use solely in conjunction with a holiday or special event 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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