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NY G80994




August 23, 2000

CLA-2-34:RR:NC:SP:237 G80994

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Ari Loren
Jubillenium USA Limited
55 Broad Street, 28th Floor
New York, New York 10004-2501

RE: The tariff classification of a Jubillenium Candle from China.

Dear Mr. Loren:

In your letter dated August 15, 2000, you request a tariff classification ruling.

The sample that you submit, Jubillenium Candle, is a candle molded in the shape of a pyramid with red, yellow and blue colored horizontal layers that measures approximately 7-3/4" in height and 4" across (from point to point) at the triangular shaped base. The candle is shrink wrapped and will be imported with a plastic triangular shaped stand that measures approximately 1/2" in height and 5" across (from point to point) and is embossed with the word "Jubillenium." You state that the candle will be used as "a part of the United Nations campaign for the Culture of Peace and Nonviolence for the Children of the World."

The applicable subheading for the Jubillenium 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, the Jubillenium 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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