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NY E83744





July 2, 1999

CLA-2-34:RR:NC:SP:236 E83744

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Paula Reeder
Lava Enterprises, Inc.
3979 Lockridge Street
San Diego, CA 92102

RE: The tariff classification of a “Y2K Survival Kit Rock Candle” from China.

Dear Ms. Reeder:

In your letter dated June 7, 1999, you request a tariff classification ruling.

The sample that you submit, “Y2K Survival Kit Rock Candle,” consists of a candle molded in the shape of a miniature boulder and colored in various shades of marbleized white and brown. The candle measures approximately 4-1/2" in height, 3-1/4" in width and 4-1/2" in length, and has a decorative “Y2K Survival Kit” decal affixed.

The applicable subheading for the 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 Free.

The Department of Commerce (DOC) has determined that petroleum wax candles in the following shapes: tapers, spirals, and straightsided dinner candles; rounds, columns, pillars, votives; and various waxfilled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In addition, the DOC has determined that candles molded in the form of certain identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the sample is not 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 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,

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