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NY F89373




July 17, 2000

CLA-2-34:RR:NC:SP:237 F89373

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Fernando Escobar
Endar Corporation
43195 Business Park Drive
Temecula, CA 92590

RE: The tariff classification of a wax-filled pumpkin shaped container from China.

Dear Mr. Escobar:

In your letter dated July 10, 2000, you request a tariff classification ruling.

The sample that you submit, Ceramic Pumpkin Filled Candle, consists of an orange colored candle poured into an orange colored pumpkin shaped ceramic container that measures approximately 3-1/4" in height and 3-1/2" in diameter. The container has a removable lid with a stem.

The applicable subheading for the Ceramic Pumpkin Filled 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. In our opinion, the Ceramic Pumpkin Filled Candle 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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