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NY D85066




December 22, 1998

CLA-2-34:RR:NC:2:236 D85066

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr Suda Tam
San Francisco Candle Company, Inc.
20929 Cabot Blvd
Hayward, CA 94545

RE: The tariff classification of Candles from China.

Dear Mr. Tam:

In your letter dated December 3, 1998, you requested a tariff classification ruling.

The samples submitted are as follows:

Item No. 667136 is a green round candle embossed with raised vines and leaves. Each candle measures approximately 6" in height and 3" in diameter.

Item No. 557146 is a brown round candle embossed with leaves. Each candle measures approximately 6" in height and 4" in diameter.

Item No. 51716 is beige round candle embossed with raised flowers. Each candle measures approximately 6" in height and 4" in diameter.

The applicable subheading for the above described candles will be 3406.00.0000, Harmonized Tariff Schedule of the United States,(HTS), which provides for Candles, tapers and the like. The rate of duty will be 1.2 percent ad valorem. Effective January 1, 1999, the rate of duty will be Free.

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, the samples are 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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