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NY F89850




July 25, 2000

CLA-2-34:RR:NC:SP:237 F89850

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a candle floater set from China.

Dear Mr. Hoffacker:

In your letter dated July 13, 2000, on behalf of Consolidated Stores, Inc. of Columbus, Ohio, you request a tariff classification ruling.

The photograph that you submit, Item #H061, 5 PCS/Set Candle Floater Ivory Color, consists of five white colored floating oval shaped candles with no sides that measure approximately 1-3/8" in height and 3-1/4" in diameter. The five candles are packaged together in a lidded plastic container.

The applicable subheading for Item #H061, 5 PCS/Set Candle Floater Ivory Color, 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 (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 on petroleum-wax candles from China. In our opinion, Item #H061, 5 PCS/Set Candle Floater Ivory Color, 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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