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NY F82882




February 22, 2000

CLA-2-34:RR:NC:SP:237 F82882

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Doug Miller
Expeditors International of Washington, Inc. 4870 Crittenden Drive
Louisville, KY 40209

RE: The tariff classification of candles from China.

Dear Mr. Miller:

In your letter dated February 5, 2000, on behalf of your client, Natural Wonders of Louisville, Kentucky, you request a tariff classification ruling.

You submit the following samples:

1. Item #G0222, "Rock Candle," consists of four candles that are molded in the shape of small rocks that range in size from approximately 1/4" to 1" in height and 2-7/8" to 3" in length. The candles are packaged together in a rectangular cardboard box that measures approximately 1-1/2" in height x 3-3/4" in width x 9" in length and is wrapped in a straw bow.

2. Item #G0233-3A, "Pillar Decorated With Bamboo Sticks And Leaves," is a white colored pillar candle that measures approximately 5" in height and 4-1/2" in diameter and is decorated with wax bamboo sticks and wax leaves molded around its side.

3. Item #SLC01, Hemp Candle Box, consists of a brown colored candle poured into a ceramic bowl shaped container that measures approximately 2-1/2" in height and 4-1/2" in diameter, narrowing to 1-7/8" at its base. The candle, along with two wooden sticks that measure approximately 6-1/4" in length and 1/8" in diameter, are packaged inside a cardboard box that measures approximately 3-1/4" in height x 5-1/8" in width x 4-7/8" in length. The top of the box is covered in red fabric, with a 1-7/8" wide reed-like band across its center.

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 (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 on petroleum wax candles from China. In our opinion, Item #G0233-3A, "Pillar Decorated With Bamboo Sticks And Leaves," and Item #SLC01, Hemp Candle Box, are within the scope of the antidumping duty order. Item #G0222, "Rock 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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