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NY D84021




November 12, 1998

CLA-2-34:RR:NC:2:236 D84021

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Marian Harding Cochran, Esq
ATICO International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of Candles from China.

Dear Ms. Cochran:

In your letter dated October 22, 1998, you requested a tariff classification ruling.

The samples submitted are as follows:

Item #1 Blue and Yellow Snake Candle - A candle molded in the shape of a snake measuring approximately 5 1/2" in height and 1 3/4" at its base.

Item #2 Orange and Black Snake Candle - A candle molded in the shape of a snake measuring approximately 7 1/2" in height and 1 3/4" at its base.

Item #3 Millefiori Twist Candle - A twisting pillar candle measuring approximately 3" in height and 3" in width.

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 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 snake candles are not within the scope of the antidumping duty order on petroleum wax candles from China. However, the twisting pillar candle is within the scope the of the antidumping duty order.

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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