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NY F86908




May 17, 2000

CLA-2-34:RR:NC:SP:237 F86908

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Lana Wang
Success System Services
7740 E. Garvey Avenue, #D
Rosemead, CA 91770

RE: The tariff classification of candles from China.

Dear Ms. Wang:

In your letter dated May 3, 2000, on behalf of your client, Apex T.K. Corp. of Chino, California, you request a tariff classification ruling.

You submit the following samples:

Style #CD00-W, Straight-Sided Dinner Candles, consists of two white colored scented straight-sided dinner candles that measure approximately 9-1/4" in height and 1" in diameter and decorated with white colored wax roses molded to their sides. The candles are packaged together in a rectangular cardboard box that measures approximately 2" in height x 4" in width x 10-1/2" in length.

Style #CD01/06, Pillar, is a white colored pillar candle that measures approximately 9-1/4" in height and 3" in diameter and is decorated with white colored wax roses and bows molded to its side. The candle is packaged in a rectangular shaped box that measures approximately 4-1/2" in height x 4-1/2" in width x 10-3/4" in length.

The applicable subheading for Style #CD00-W, Straight-Sided Dinner Candles, and Style #CD01/06, Pillar, 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, Style #CD00-W, Straight-Sided Dinner Candles, and Style #CD01/06, Pillar, are 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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