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August 30, 1999

LA-2-34:RR:NC:SP:236 E85668

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000; 3808.10.5000

Ms. Ginny Poyer
Atico International USA, Inc.
501 So. Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of candles from China.

Dear Ms. Poyer:

In your letter dated August 11, 1999, you request a tariff classification ruling.

You submit the samples described below:

1. Item #C05L0016, Aromatherapy Votive Candle in Frosted Glass Holder, consists of a scented pink colored candle poured into a cylindrical shaped frosted glass holder that measures approximately 2-1/2" in height and 1-3/4" in diameter.

2. Item #W2910096, Glass Candle Holder in Butterfly Shape with Candle, consists of four scented candles in various colors poured into four butterfly shaped glass holders that measure approximately 1-1/2" in height and 3" across their widest point from wing to wing. The four candles are packaged together in a rectangular shaped plastic box that measures approximately 1-1/2" in height x 4-1/2" in width x 6" in length. The candles are stated to contain 4% Citronella and will be labeled "for outdoor use only" when imported.

3. Item #C05F0257, Candle in a Ceramic Holder, consists of a scented ivory and purple colored candle poured into a white and blue colored bowl shaped ceramic holder. The holder measures approximately 3-1/4" in height and 4-1/2" in diameter at the lip tapering to 2-7/8" at the base.

The applicable subheading for Item #C05L0016, Aromatherapy Votive Candle in Frosted Glass Holder, and Item #C05F0257, Candle in a Ceramic Holder, 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 Free.

The applicable subheading for Item #W2910096, Glass Candle Holder in Butterfly Shape with Candle, containing 4% Citronella, will be 3808.10.5000, HTS, which provides for Insecticides, ... , put up in forms or packings for retail sale or as preparations or articles (for example, sulfur?treated bands, wicks and candles, and flypapers): Insecticides: Other: Other: Other. The rate of duty will be 5 percent ad valorem.

The Department of Commerce 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, Item #C05L0016, Aromatherapy Votive Candle in Frosted Glass Holder, and Item #C05F0257, Candle in a Ceramic Holder, are within the scope of the antidumping duty order on petroleum wax candles from China.

Pesticidal Products containing citronella oil are exempt from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), provided that all the criteria of Title 40 CFR (Code of Federal Regulations), Part 152 (g) are met. These criteria include labeling the products to identify the citronella oil by name and percentage (by weight), and the name(s) of each inert ingredient. For further guidance, you may contact the U.S. Environmental Protection Agency (EPA), Office of Pesticides Programs at 401 M Street, S.W., Washington, D.C. 20460, telephone number (703) 305-7092.

Customs' classification of Item #W2910096, Glass Candle Holder in Butterfly Shape with Candle, containing 4% Citronella, as a pesticidal device does not preclude a possible finding of dumping under the Antidumping Duty Order on Petroleum Wax Candles from the People's Republic of China (Antidumping Case # A570-504). However, the Department of Commerce has determined that Citronella candles and Citronella scented candles labeled for outdoor use only are not within the scope of the antidumping duty order. Should you require a Scope Ruling, you may contact the U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230, telephone number (202) 482-1374.

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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