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NY E86768




September 23, 1999

LA-2-34:RR:NC:SP:236 E86768

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Ken August
Easter Unlimited, Inc./FunWorld
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of a "pumpkin shaped candle" from China.

Dear Mr. August:

In your letter dated September 9, 1999, you request a tariff classification ruling.

The sample that you submit, a "pumpkin shaped candle," is an orange colored scented candle poured into a wax container that measures approximately 3-1/8" in height and 4-1/8" in diameter and is shaped like a deep ridged goblet. You state that the candle will be imported in a variety of sizes, with this sample representing the medium size.

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 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 our opinion, the above described sample is 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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