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NY E87303




October 6, 1999

LA-2-34:RR:NC:SP:236 E87303

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph A. Arria
Syratech Corporation
175 McClellan Highway
P.O. Box 9114
East Boston, MA 02128-9114

RE: The tariff classification of a "2000" candle from China.

Dear Mr. Arria:

In your letter dated September 29, 1999, on behalf of International Silver Company of East Boston, Massachusetts, you request a tariff classification ruling.

The sample that you submit, "2000" candle, is a candle molded in the shape of the gold colored numeral 2000 that measures approximately 4-1/4" in height x 7-1/2" in length x 3-1/4" in thickness. The candle is decorated with plastic stars sprinkled over the face of the numeral and a clock face molded into one of the zeros. The candle has three wicks and is shrink wrapped in plastic.

The applicable subheading for the item 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. The DOC has also determined that candles molded in the shape of certain recognizable objects, such as an animal and a numeral, are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the above described 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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