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NY F86545




May 8, 2000

CLA-2-34:RR:NC:SP:237 F86545

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mrs. Jean Fair
Robert Alan Candle Company
14501 Townsend Road
Philadelphia, PA 19154

RE: The tariff classification of a pillar candle and a fitted metal tray from China.

Dear Mrs. Fair:

In your letter dated April 25, 2000, you request a tariff classification ruling.

The sample that you submit, Item #18456, 5" x 10" Crackle Pillar W/Metal Holder, consists of a five wick pillar candle with purple, green, red, and white colored horizontal layers that measures approximately 5" in height and 9-1/2" in diameter. The candle will be imported with a circular shaped metal ridged tray that measures approximately 1/8" in height and 9-1/2" in diameter and is fitted for insertion of the candle. The tray has three ball shaped feet that measure approximately 1/8" in diameter.

The applicable subheading for Item #18456, 5" x 10" Crackle Pillar W/Metal Holder, 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 #18456, 5" x 10" Crackle Pillar W/Metal Holder, 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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