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NY D85528




December 30, 1998

CLA-2-34:RR:NC:SP:236 D85528

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Marian Harding Cochran, Esq.,
Atico International USA, Inc.
PO Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a candle from China.

Dear Ms. Cochran:

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

The sample submitted, Item no. 70646A, is an off-white colored candle coated with gold paint and stars carved into its side. The candle measures approximately 5" tall and 2 7/8" in diameter.

The applicable subheading for the above described sample 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 our opinion, the sample is within the scope of the antidumping duty order. The rate in effect at this time under Antidumping Order Case No. A-570-504 is 54.21 percent ad valorem.

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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