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NY F85912





April 18, 2000

CLA-2-34:RR:NC:SP:237 F85912

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a brick candle from China.

Dear Mr. Hoffacker:

In your letter dated April 10, 2000, on behalf of Consolidated Stores, Inc. of Columbus, Ohio, you request a tariff classification ruling.

The photograph that you submit, Item #16/10497, Pearlized Candle In Rectangular (Brick) Shape, is a white colored candle molded in the shape of a brick that measures approximately 2" in height x 2" in width x 7" in length. The candle has three wicks and is decorated with a gold colored leaf molded to one side.

The applicable subheading for Item #16/10497, Pearlized Candle In Rectangular (Brick) Shape, 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 or a number, are not within the scope of the antidumping duty order. In our opinion, Item #16/10497, Pearlized Candle In Rectangular (Brick) Shape, 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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