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NY G80832




August 8, 2000

CLA-2-34:RR:NC:SP:237 G80832

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Edward J. Murray
Paris Presents Incorporated
3800 Swanson Court
Gurnee, IL 60031-1261

RE: The tariff classification of a floating flower candle from China.

Dear Mr. Murray:

In your letter dated July 31, 2000, you request a tariff classification ruling.

The sample that you submit, Item #37056PUR, Floating Flower Candle, is a purple colored floating candle molded in the shape of a flower that measures approximately 2" in height and 3-1/2" in width at its widest point. The candle will also be imported in a pink design (Item #37056PNK).

The applicable subheading for Floating Flower Candle (Item #37056PUR and Item #37056PNK) 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, Floating Flower Candle (Item #37056PUR and Item #37056PNK) 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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