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NY F88291




June 19, 2000

CLA-2-34:RR:NC:SP:237 F88291

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Donald S. Simpson
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of pillar candles from China.

Dear Mr. Simpson:

In your letter dated June 5, 2000, on behalf of your client, Kobrand Corporation of New York, New York, you request a tariff classification ruling.

You submit the following samples:

Alize With A Gift Candle consists of a 750 ml bottle of Alize packaged together in a box with a blue colored pillar candle that measures approximately 5-1/2" in height and 3" in diameter.

Alize Red Passion With A Gift Candle consists of a 750 ml bottle of Alize Red Passion packaged together in a box with a red colored pillar candle that measures approximately 5-1/2" in height and 3" in diameter.

The above items do not constitute sets for classification purposes. Although put up together, the Alize and the pillar candle do not share a common purpose or satisfy a particular need. Therefore, each item will be classified separately in its own appropriate heading.

The applicable subheading for the pillar candles will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Candles, tapers and the like. The duty rate 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, the pillar candles are within the scope of the antidumping duty order on petroleum wax candles from China.

Your inquiry does not provide enough information for us to give a classification ruling on the Alize. Your submission includes a chemical analysis and BATF label approval for the Alize Red Passion indicating the product is a "Distilled Spirit Speciality!" However, the chemical analysis from 1984 for the Alize describes a product called "Passionelle Liqueur." The BATF label approval describes Alize as a liqueur. Please submit a current chemical analysis and BATF label approval for the Alize. If this product is a liqueur, indicate what distinguishes it from the Alize Red/Passion. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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