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NY D84491




December 8, 1998

CLA-2-34:RR:NC:2:236 D84491

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Anthony Mok
Uni-King Marketing Inc.
2770 Steeles Ave. W., Unit 3
Concord, Ontario, L4K 4N5

RE: The tariff classification of Candles from China.

Dear Mr. Mok:

In your letter dated November 13, 1998, you requested a tariff classification ruling.

The samples submitted are follows:

Item 7A33-03G is a white floater candle with gold trim, molded in the shape of a magnolia. It measures approximately 4 1/4" in width and 2 1/4" in height.

Item 7A20-29 consists of three white floater candles molded in the shape of a daisy. Each candle measures approximately 2 1/2" in width and 1 1/4" in height.

Item 7A6-03 consists of a 24 miniature floater candles molded into the shape of a fish. Each measures approximately 3" in length, 2 1/2" in width and 3/4" in height.

The applicable subheading for the above described samples 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, all of the above 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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