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NY F83249




February 22, 2000

CLA-2-34:RR:NC:SP:237 F83249

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Khem Lall
Federated Merchandising Group
1440 Broadway
New York, NY 10018

RE: The tariff classification of a peppermint pillar candle from China.

Dear Ms. Lall:

In your letter dated February 10, 2000, you request a tariff classification ruling.

The sample that you submit, Item #X2069S/S12, "Peppermint Candle," is a round pillar candle with straight sides that measures approximately 1" in height and 1-1/2" in diameter. The candle is colored red and white in a pinwheel design to resemble a peppermint candy and wrapped in cellophane.

The applicable subheading for Item #X2069S/S12, "Peppermint Candle," 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 #X2069S/S12, "Peppermint Candle," 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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