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NY F81240





January 11, 2000

CLA-2-34:RR:NC:SP:237 F81240

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Belle Rucker
I.F. Productions, Inc.
A.N. Productions, Inc.
P.O. Box 1568
Blaine, WA 98231

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

Dear Ms. Rucker:

In your letter dated December 14, 1999, you request a tariff classification ruling.

The sample that you submit, Item #60256, Beach Ball Candle, is candle molded in the shape of a sphere that measures approximately 3" in diameter. The candle has a pattern of alternating blue and white colored vertical bands with the word L'Ocean written vertically on its side.

The applicable subheading for Item #60256, Beach Ball 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 (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 number, are not within the scope of the antidumping duty order. In our opinion, Item #60256, Beach Ball 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 F. Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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