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NY F85904




April 18, 2000

CLA-2-34:RR:NC:SP:237 F85904

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

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

RE: The tariff classification of a pine cone shaped candle from China.

Dear Ms. Juang:

In your letter dated April 10, 2000, you request a tariff classification ruling.

The sample that you submit, Item #G8120, Pine Cone Shaped Candle, is a gold colored candle molded in the shape of a pine cone that measures approximately 3-1/2" in height and 2-1/4" in diameter.

The applicable subheading for Item #G8120, Pine Cone Shaped 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 and a number, are not within the scope of the antidumping duty order. In our opinion, Item #G8120, Pine Cone Shaped 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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