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NY F83667




March 6, 2000

CLA-2-34:RR:NC:SP:237 F83667

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Paula Reeder
Lava Enterprises, Inc.
3979 Lockridge Street
San Diego, CA 92102

RE: The tariff classification of a blueberry muffin shaped candle from China.

Dear Ms. Reeder:

In your letter dated February 17, 2000, you request a tariff classification ruling.

The sample that you submit, Muffin Candle, is a scented purple colored candle molded in the shape of a blueberry muffin that measures approximately 2-3/4" in height and 2-3/4" in width at its widest point. The candle will also be imported in apple spice, lemon poppy seed, banana nut, cranberry, and cinnamon spice styles.

The applicable subheading for the Muffin 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 form of certain identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, the Muffin 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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