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NY E88568




October 27, 1999

LA-2-34:RR:NC:SP:236 E88568

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Lynn O'Beirn
Four Star International Trading Company
3330 East 79th Street
Cleveland, OH 44127

RE: The tariff classification of a Jelly Candle from China.

Dear Ms. O'Beirn:

In your letter dated October 6, 1999, you request a tariff classification ruling.

The sample that you submit, Item #14363325D, Jelly Candle, consists of a clear gel candle poured into a cube shaped glass container that measures approximately 2-1/8" on all sides, with a 1/8" thick lip at its top. Inside the glass container, there is sand at the bottom, along with miniature seashells. The gel is stated to be made of crystalized liquid rubber/mineral oil and a plasticizer comprised of a hydrogenated poly-isoprene/butadiene polymer.

The applicable subheading for Item #14363325D, Jelly Candle, 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, Item #14363325D, Jelly Candle made of crystalized liquid rubber/mineral oil and a plasticizer comprised of a hydrogenated poly-isoprene/butadiene polymer, 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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