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NY D80019


July 30, 1998

CLA-2-34:RR:NC:SP:236 D80019

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Rosy Curbelo

Almacenes Pitusa

P.O. Box 839

Hato Rey Station

San Juan, PR 00919-0839

RE: The tariff classification of wax filled candleholders from China.

Dear Ms. Curbelo:

In your letter dated March 27, 1998, and an e-mail message received July 15, 1998, you requested a tariff classification ruling.

The submitted samples consist of four porcelain watering can shaped candle holders (item # H-74-T-9772) each filled with a poured scented wax candle. The samples measure 2 3/4" tall, 5" across, and 2 3/4" deep and are decorated with a raised and painted Santa in winter scenes.

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 DOC has determined that certain novelty candles designed solely for use in conjunction with a holiday or special event are not within the scope of the antidumping duty order. In our opinion, the samples 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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