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NY G80764




August 23, 2000

CLA-2-34:RR:NC:SP:237 G80764

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 a wax-filled container from China.

Dear Mr. Somerville:

In your letter dated August 22, 2000, on behalf of Sunrise Global Inc., you request a tariff classification ruling.

The sample that you submit, Glass Tiffany Candle, consists of white colored wax poured into a blue colored sphere shaped glass container that measures approximately 2" in diameter and is decorated with painted flowers and plants.

The applicable subheading for the Glass Tiffany 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 Glass Tiffany 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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