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NY F82688




February 8, 2000

CLA-2-34:RR:NC:SP:237 F82688

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Juan Dominguez
Walmart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a wax-filled container from China.

Dear Mr. Dominguez:

In your letter dated February 1, 2000, you request a tariff classification ruling.

The sample that you submit, Item #20L-041, "Winter Wax-Filled Container," consists of a blue colored candle poured inside a blue colored circular shaped container that measures approximately 4" in height and 6-1/4" in diameter. The container is decorated with four polyresin snowmen and five polyresin snow covered evergreen trees around the outside of the container.

The applicable subheading for Item #20L-041, "Winter Wax-Filled Container," 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, Item #20L-041, "Winter Wax-Filled Container," is 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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