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NY F83672




March 7, 2000

CLA-2-34:RR:NC:SP:237 F83672

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 an "Everhart Glowing Art Sculpted Candle With Six Decal Designs" from China.

Dear Ms. Reeder:

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

The sample that you submit, "Everhart Glowing Art Sculpted Candle With Six Decal Designs," consists of a white colored candle poured into a red colored column shaped wax container that measures approximately 4-1/2" in height x 2-1/2" in width x 3-1/4" in length. The container has a bumpy texture and will be imported with six decal designs that measure approximately 3" in height and 2-1/2" in width.

The applicable subheading for the "Everhart Glowing Art Sculpted Candle With Six Decal Designs" 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, the "Everhart Glowing Art Sculpted Candle With Six Decal Designs" 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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