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NY F82466




February 7, 2000

CLA-2-34:RR:NC:SP:237 F82466

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of candles from China and Hong Kong.

Dear Mr. Epstein:

In your letter dated January 31, 2000, on behalf of your client, Avon Products, Inc. of New York, New York, you request a tariff classification ruling.

You submit the following samples:

1. PP #1002689, Jewel Candle, is a blue colored candle poured inside a blue colored square shaped wax container that measures approximately 3-3/4" in height x 3" in width x 3" in length and is decorated with various colored glass beads embedded in the outside of the wax container.

2. PP #1002700, Round Leopard Print, is a brown colored pillar candle that measures approximately 3" in height and 3" in diameter and has a texture of irregular shaped patches resembling a "leopard spot" print.

3. PP #1002680, Rectangular Leopard Print Pillar, is a brown colored pillar candle that measures approximately 6" in height x 3" in width x 3" in length and has a texture of irregular shaped patches resembling a "leopard spot" print.

4. PP #1002013, Small Oval Pillar Candle, is an ivory colored oval shaped pillar candle that measures approximately 5" in height x 1-3/4" in width x 3-3/8" in length. 5. PP #1002138, Medium Oval Pillar Candle, is an ivory colored oval shaped pillar candle that measures approximately 7" in height x 1-3/4" in width x 3-3/8" in length.

The applicable subheading for the above described samples 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 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, all of the above described samples are within the scope of the antidumping duty order on petroleum wax candles from China. Candles manufactured in Hong Kong are not the subject of an antidumping duty order at this time.

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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