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NY C89028


July 9, 1998

CLA-2-34:RR:NC:SP:236 C89028

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Rosy Curbelo

Almacenes Pitusa

P.O. Box 839

Hato Rey Station

San Juan, PR 00919-0839

RE: The tariff classification of Christmas ball shaped candle from China.

Dear Ms. Curbelo:

In your letter dated March 18, 1998, received by this office June 15, 1998, you requested a tariff classification ruling.

The submitted samples are candles made to look like christmas balls. They consist of ball shaped, white colored wax, measuring approximately 2 3/4 inches in diameter, with a gold painted, raised swirl design, decorated with different colored sprinkles, and a wick protruding from the top. The candles are put up in cellophane wrappers, secured with red ribbons.

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 (DOC) 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. In addition, the Department of Commerce has determined that candles molded in the form of certain identifiable objects are not within the scope of the antidumping duty order on petroleum-wax candles from China. In our opinion, the sample candles are not within the scope 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,


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