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NY F81621




January 13, 2000

CLA-2-34:RR:NC:SP:237 F81621

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

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

RE: The tariff classification of candles from China.

Dear Ms. Rucker:

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

You submit the following samples:

1. Item #30242, Chopstick/holder set, consists of four brown colored candles molded in the shape of chopsticks packed together in a cardboard box. Each chopstick measures approximately 11-1/2" in height and 1/4" in diameter with small grooves etched in the bottom third of the candle for finger gripping. The cardboard box measures approximately 1-1/4" in height x 2-3/4" in width x 12-1/4" in length. The candles will also be imported in a black color, Item #30243.

2. Item #60268, Giant Match, is a white colored candle molded in the shape of a match, with a texture resembling wood, that measures approximately 9" in height x 1" in width. The candle has a blue colored rounded top that resembles a striker and measures approximately 1-1/2" in height and 1" in diameter. The candle will also be imported in a small size, Item #60269.

3. Item #30244, Paper Art--Floating Crane, is a yellow colored candle molded in the shape of a crane (bird) that measures approximately 1-1/2" in height and 7-3/4 in width from wing to wing. The candle has a 15" wick and will also be imported in a medium size (Item #30245) and a small size (Item #30246). 4. Item #30248 Paper Art--Floating Flower (Small), is a yellow colored candle molded in the shape of a four petal flower that measures approximately 1-1/4" in height and 3-1/2" in width from petal to petal. The candle has a 15" wick and will also be imported in a large size, Item #30247.

5. Item #30250, Paper Art--Floating Boat (Medium) is a yellow colored candle molded in the shape of a canoe-like boat that measures approximately 1-1/4" in height x 1-1/2" in width x 5-7/8" in length. The candle has a 15" wick and will also be imported in a large size (Item #30249) and a small size (Item #30251).

The applicable subheading for the above described samples 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 form of certain identifiable shapes, such as an animal and a number, are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the above described samples 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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