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NY G80651




August 8, 2000

CLA-2-34:RR:NC:SP:237 G80651

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Bob Somerville
F.C. Gerlach & Co., Inc.
290 Central Avenue, Suite 105
Lawrence, New York 11559

RE: The tariff classification of candles from China.

Dear Mr. Somerville:

In your letter dated August 4, 2000, on behalf of Sunrise Global Ohio Inc., you request a tariff classification ruling.

You submit the following samples:

Item #B050, Ball Shaped Candle 2" H x 1" W, is a purple colored candle molded in the shape of a sphere that measures approximately 2" in diameter and is decorated with abstract designs.

Item #M050, Mushroom Shaped Candle 2" H x 2" W, is a blue colored candle molded in the shape of a mushroom that measures approximately 2" in height and 2-1/2" in diameter.

Item #F050, Disc Shaped Candle, is a candle molded in the shape of an oval disc without straight sides that measures approximately 1-1/2" in height and 2-1/4" in diameter and is decorated with a stain glass design.

Item #B250, Ball Shaped Open Top Glowing Candle, is a candle molded in the shape of a sphere that measures approximately 2" in diameter and is covered with an outer layer of wax decorated in an abstract design.

The applicable subheading for the above described samples 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 #B050, Ball Shaped Candle 2" H x 1" W, Item #M050, Mushroom Shaped Candle 2" H x 2" W, Item #F050, Disc Shaped Candle, and Item #B250, Ball Shaped Open Top Glowing 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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