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NY F84129




March 20, 2000

CLA-2-34:RR:NC:SP:237 F84129

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Sophia Juang
Concourse City, Inc.
623 Doubleday Avenue
Ontario, CA 91761

RE: The tariff classification of candles from China.

Dear Ms. Juang:

In your letter dated March 4, 2000, you request a tariff classification ruling.

You submit the following photographs and samples:

Item #A00-0157, Cake Candles, are pink colored scented pillar candles decorated with a texture resembling frosting on a cake. The candles will be imported in three sizes: 4-1/2" in height and 4" in diameter, 4" in height and 4" in diameter, and 3" in height and 3" in diameter.

Pillar Candles With Wax Leaves are green colored and brown colored scented pillar candles decorated with wax leaves molded to their sides. The candles will be imported in three sizes: 6" in height and 3" in diameter, 9" in height and 3" in diameter, and 3" in height and 3" in diameter.

Hand Painted Candles (Round & Square) are a white colored scented pillar candle that measures approximately 3" in height and 3" in diameter, and a white colored scented cube shaped column candle that measures approximately 3" on all sides. Both candles have wax geometric patterns molded to their sides.

Candy Cane Colored Candles are round pillar candles, with straight sides, colored red and white in a pinwheel design that will be imported in two sizes: 1" in height and 3" in diameter and 1" in height and 2" in diameter. Candles With Chinese Characters consists of photographs of the following candles: Item #CACW344ZY (4" x 3" x 4"), Item #CACW011ZY (4" on all sides), Item #CACW106ZY (6" x 1-1/2" x 1-1/2" ), Item #CACW222ZY (2-1/2" on all sides), Item #CACW225ZY (4-3/4" x 2-1/2" x 2-1/2"), and Item #CACW333ZY (3" on all sides) are all blue colored column candles decorated with Chinese characters. Item #CABB1975HS is a brown colored pillar candle that measures approximately 7-1/2" in height and 2-1/2" in diameter and is decorated with Chinese characters.

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 #A00-0157, Cake Candles, Pillar Candles With Wax Leaves, Hand Painted Candles (Round & Square), Candy Cane Colored Candles, and Candles With Chinese Characters are all 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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