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NY F81063




January 11, 2000

CLA-2-34:RR:NC:SP:237 F81063

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000; 9405.91.6080

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
5995 Opus Parkway, Suite 201
Minnetonka, MN 55343-9058

RE: The tariff classification of candles and glass wax shields from China.

Dear Mr. Anderson:

In your letter dated December 10, 1999, on behalf of Europa Imports Inc. of St. Paul, Minnesota, you request a tariff classification ruling.

You submit the samples described below:

1. Item #NG455, "Gold Bamboo Stalk", is a scented yellow colored candle molded in the shape of a bamboo stalk that measures approximately 9" in height and 3" in diameter.

2. "Sphere Candle" is a scented black colored molded in the shape of a sphere that measures approximately 4" in diameter.

3. "Rock Candle" is a scented grayish green colored candle with black specks molded in an irregular spheroidal shape with a bumpy texture and is decorated with an embossed Chinese character that translates to the word "Love."

4. "Glass Candle Ring Wax Shields" are articles of glassware that have a hole cut out of their center and are placed on a candle, around its base, to collect dripping wax. The first, a six sided ridged shield, measures approximately 1/4" in height and 2-1/2" across its widest point. The second, a circular shield decorated with painted holly leaves and berries, measures approximately 1/4" in height and 2-1/2" in diameter.

The applicable subheading for Item #NG455, "Gold Bamboo Stalk", "Sphere Candle" and "Rock 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 applicable subheading for the "Glass Candle Ring Wax Shields" will be 9405.91.6080, HTS, which provides for other glass parts for non-electrical lamps and lighting fittings. The rate of duty will be 4.5 percent ad valorem.

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 identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, Item #NG455, "Gold Bamboo Stalk", "Sphere Candle" and "Rock Candle" are 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 F. Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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