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NY F83288




February 22, 2000

CLA-2-34:RR:NC:SP:237 F83288

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 a candy cane swirl floating candle from China.

Dear Mr. Epstein:

In your letter dated February 15, 2000, on behalf of your client, Avon Products, Inc. of New York, New York, you request a tariff classification ruling.

The sample that you submit, PP #1002688, Candy Cane Swirl Floating Candle, is a candle molded in a spheroidal shape without straight sides. The candle measures approximately 3/4" in height and 1-5/8" in diameter and is colored red and white in a pinwheel design and wrapped in cellophane.

The applicable subheading for PP #1002688, Candy Cane Swirl Floating 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 (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 are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, PP #1002688, Candy Cane Swirl Floating 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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