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NY F89866




July 25, 2000

CLA-2-34:RR:NC:SP:237 F89866

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Sherry Yu
Sino Pacific Customs Brokerage Inc.
401 Broadway, Suite 501
New York, NY 10013

RE: The tariff classification of a decoration candle from China.

Dear Ms. Yu:

In your letter dated July 18, 2000, on behalf of Shenny Enterprises, Inc. of Lodi, New Jersey, you request a tariff classification ruling.

The sample that you submit, Item #7F-5001A, Decoration Candle, is a pink colored candle molded in the shape of an eight petal flower that measures approximately 1-1/2" in height and 3-1/2" across its widest point, and is decorated with a molded ladybug that measures approximately 1/4" in height and 1-1/8" in diameter. The candle is wrapped in plastic and tied at the top with a red colored artificial bow.

The applicable subheading for Item #7F-5001A, Decoration 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 (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 #7F-5001A, Decoration Candle, 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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