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NY F88013




June 21, 2000

CLA-2-34:RR:NC:SP:237 F88013

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Paul Vroman
AEI Customs Brokerage Services
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of a gel candle from Taiwan.

Dear Mr. Vroman:

In your letter dated June 5, 2000, on behalf of Bed, Bath & Beyond of Farmingdale, New York, you request a tariff classification ruling.

The sample that you submit, Gel Candle, consists of a clear blue colored gel candle poured into a glass flower pot shaped container that measures approximately 2" in height and 2" in diameter at its lip, narrowing to 1-1/8" at its base. The gel is stated to be made of a petroleum base containing a styrene block polymer with 2-methyl-1,3-butadiene and 1,3 butadiene, hydrogenated.

The applicable subheading for the Gel 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 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. Candles manufactured in Taiwan are not the subject of an antidumping duty order at this time.

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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