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NY F87275




June 5, 2000

CLA-2-34:RR:NC:SP:237 F87275

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Cathy Petrus
Limited Distribution Services
7 Limited Parkway
Reynoldsburg, OH 43068

RE: The tariff classification of a floating maple leaf shaped candle from China.

Dear Ms. Petrus:

In your letter dated May 23, 2000, on behalf of Bath & Body Works, you request a tariff classification ruling.

The sample that you submit, Item #8505, Floating Maple Leaf, is a yellow and red colored candle molded in the shape of a maple leaf that measures approximately 1-1/2" in height x 4" in width (at its widest point) x 4" in length.

The applicable subheading for Item #8505, Floating Maple Leaf, 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.

Your sample is being returned upon your request.

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 #8505, Floating Maple Leaf, 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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