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NY E89568




November 19, 1999

LA-2-34:RR:NC:SP:236 E89568

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Stan Klementowich
Fine Arts Marketing, Inc.
Yardleyville Square, Suite 201
90 West Afton Avenue
Yardley, PA 19067

RE: The tariff classification of a pine cone shaped candle from China.

Dear Mr. Klementowich:

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

You submit photographs of Item #NX969M, "Pine Cone" Candle, and describe it as a candle molded in the shape of a pine cone that measures approximately 7" in height and 14" in diameter. The candle will be imported in purple, silver and gold colors.

The applicable subheading for Item #NX969M, "Pine Cone" Candle, 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 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 form of certain identifiable objects, such as an animal and a number, are not within the scope of the antidumping duty order. In our opinion, Item #NX969M, "Pine Cone" Candle, 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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