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NY F84657




March 27, 2000

CLA-2-34:RR:NC:SP:237 F84657

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Jennifer Mitacek
CFF World Freight Corporation
13 Addison Place
Valley Stream, New York 11580

RE: The tariff classification of a wax-filled container from China.

Dear Ms. Mitacek:

In your letter dated March 13, 2000, you request a tariff classification ruling.

The sample that you submit, "Fruit Candle," consists of an orange colored candle poured into a metal bucket shaped container filled with molded individual wax oranges. The metal container measures approximately 2-1/8" in height and 1-3/4" in diameter. You indicate that the candle will be imported in a variety of fruit designs.

The applicable subheading for the "Fruit 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. You have also requested a ruling regarding a candle encased in a glass holder and two white diamonds metal votive candle holders (large and small). We are unable to issue a binding ruling on the candle and holders, because we cannot determine how these items will be packaged at the time of importation. We suggest that you resubmit these items in a separate request in the condition that they will be packaged for retail sale.

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 "Fruit Candle" 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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