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NY F83883




March 8, 2000

CLA-2-34:RR:NC:SP:237 F83883

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of wax-filled containers from China and Taiwan.

Dear Ms. Liu:

In your letter dated February 22, 2000, you request a tariff classification ruling.

You submit the following photographs and samples:

1. Item #W29I7549, Glass Candle Holder With Poured Candle, consists of a set of four candles poured into four glass cup shaped containers that measure approximately 3-1/2" in height and 2-7/8" in diameter and are packaged together in a cardboard box. The candles and their containers will be imported in assorted colors. You state that the country of origin is China.

2. Item #W29I7550, Glass Candle Holder With Poured Candle, consists of a set of five candles poured into five glass cylinder shaped containers that measure approximately 5-1/2" in height and 2" in diameter and are packaged together in a cardboard box. The candles and their containers will be imported in assorted colors. You state that the country of origin is Taiwan.

The applicable subheading for the above described items 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 #W29I7549, Glass Candle Holder With Poured Candle, is within the scope of the antidumping duty order on petroleum wax candles from China. Candles with the country of origin of Taiwan (Item #W29I7550, Glass Candle Holder With Poured Candle,) are not the subject of an antidumping duty order at this time.

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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