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NY C89573


July 23, 1998

CLA-2-34:RR:NC:SP:236 C89573

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Patricia McLaughlin

J.F. Moran Co., Inc.

179-30 149th Avenue

Jamaica, NY 11434

RE: The tariff classification of candles from China.

Dear Ms. McLaughlin:

In your letter received July 1, 1998, on behalf of GMA Accessories, Brooklyn, NY, you requested a tariff classification ruling.

Illustrative literature was submitted with your letter. Item # CI-83 is a multi-colored sphere shaped candle with a carved "pineapple chunk" design molded into its surface. Item # CI-83A is a multi-colored column candle with a carved "pineapple chunk" design molded into its surface. Item CI-110 is a round pillar candle measuring 2.75" x 3", with multi-colored, wax inset flowers. The last item is a blue colored, square shaped column candle with a butterfly inlay design.

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 our opinion, items # CI-83A, # CI-110, and the square shaped column candle, are within the scope of the antidumping duty order. The sphere shaped candle, item # CI-83, is 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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