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NY C89991


July 23, 1998

CLA-2-34:RR:NC:SP:236 C89991

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Laurie Fassett

Paper Magic Group

401 Adams Avenue

Scranton, PA 18510

RE: The tariff classification of candles from China.

Dear Ms. Laurie:

In your letter dated July 1, 1998, you requested a tariff classification ruling.

Two samples were submitted for consideration. Mini Flower Top Candles (item # 615344), consists of three candles, each molded into the shape of a different flower. Each candle measures 1 1/2 inches tall and 1 1/2 inches at its widest point. Mini Watercolor Candles (item # 615345) consists of three sphere shaped candles that have been decorated with water color painted flowers. Each of these candle measures 1 1/2 inches tall and 1 1/2 inches in diameter.

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 (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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