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NY D85488





December 17, 1998

CLA-2-34:RR:NC:SP:236 D85488

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Stephen De Castro
All-Ways Forwarding Int'l Inc.
Hemisphere Center
U.S. RT 1-9 South
Newark, NJ 07114

RE: The tariff classification of a candle from China.

Dear Mr. De Castro:

In your letter dated December 2, 1998, on behalf of Atalanta Giftware, you requested a tariff classification ruling.

The submitted sample, Item no. 5102, is a candle molded in the shape of a sphere with a white and grey wax design laminated into its side. The candle measures approximately 3" in diameter.

The applicable subheading for the above described candle 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. 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 addition, the Department of Commerce has determined that candles molded in the form of certain identifiable objects, such as a sphere, are not within the scope of the antidumping duty order on petroleum-wax candles from China. In our opinion, the sample candle 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,

Robert B. Swierupski
Director,

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