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NY G80224




August 3, 2000

CLA-2-34:RR:NC:SP:237 G80224

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Warren E. Coe
Amway Corporation
7575 Fulton Street East
Ada, MI 49355-0001

RE: The tariff classification of candles with stands from China.

Dear Mr. Coe:

In your letter dated July 21, 2000, you request a tariff classification ruling.

You submit the following samples:

Vendor #H060/CS2145/X7508, Five Wick Rectangular Candle, consists of a white colored candle molded in the shape of a rectangular block that measures approximately 2-1/2" in height x 4" in width x 15" in length. The candle will be imported with a gold and black colored rectangular stand that measures approximately 2-1/2" in height x 4-1/4" in width x 15-1/4" in length. The stand has a 1/4" depression for placement of the candle and four scrolled legs.

Vendor #H060/CS2146/X7476, Three Wick Rectangular Candle, consists of a white colored candle molded in the shape of a rectangular block that measures approximately 2-1/2" in height x 4" in width x 7" in length. The candle will be imported with a gold and black colored rectangular stand that measures approximately 2-1/2" in height x 4-1/4" in width x 7-1/4" in length. The stand has a 1/4" depression for placement of the candle and four scrolled legs.

Vendor #H060/LP288GO/X7478, Four Piece Rectangular Candle Set, consists of four white colored column candles that measure approximately 6" in height and 2" square, 4" in height and 2" square, and two 2" in height and 2" square, respectively. The candles will be imported with a gold colored rectangular stand that measures approximately 1" in height x 5" in width x 6" in length. The stand has four 1/4" square shaped depressions for insertion of the candles.

The applicable subheading for Vendor #H060/CS2145/X7508, Five Wick Rectangular Candle, Vendor #H060/CS2146/X7476, Three Wick Rectangular Candle, and Vendor #H060/LP288GO/X7478, Four Piece Rectangular Candle Set, 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, Vendor #H060/LP288GO/X7478, Four Piece Rectangular Candle Set, is within the scope of the antidumping duty order. Vendor #H060/CS2145/X7508, Five Wick Rectangular Candle, and Vendor #H060/CS2146/X7476, Three Wick Rectangular Candle, are 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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