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NY G81088




August 25, 2000

CLA-2-34:RR:NC:SP:237 G81088

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Ruth Hayd
Kohl's Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

RE: The tariff classification of candles from China.

Dear Ms. Hayd:

In your letter dated August 16, 2000, you request a tariff classification ruling.

You submit the following samples:

Style GL119, "Tulip" Wax-Filled Container, consists of a green colored candle poured into a green colored wax container molded in the shape of a drum that measures approximately 6" in height and 5-1/2" in diameter and is decorated with molded wax tulips.

Style GL106-1, "Firefly" Square Candle, is a white colored scented square shaped candle that measures approximately 4" in height and 3-1/2" square and is decorated with wax dragonflies that measure approximately 3-1/2" in height and 4" in width (from wing-to-wing) molded to two sides.

Style GL106, "Butterfly" Square Candle, is a green colored scented square shaped candle that measures approximately 4" in height and 3-1/2" square and is decorated with wax butterflies that measure approximately 3-1/2" in height and 4" in width (from wing-to-wing) molded to two sides.

Style GL113-1, "Fruit" Pillar Candle, is a white colored scented pillar candle that measures approximately 4" in height and 3" in diameter, narrowing to 2" in diameter at the base. The candle is decorated with wax fruit molded to its side.

Style GL105, "Butterfly And Grass" Rectangular Candle, is a green colored scented rectangular shaped column candle that measures approximately 4" in height x 3" in width x 6" in length and is decorated with four wax butterflies that measure approximately 2" in height and 3" in width (from wing-to-wing) and blades of grass molded to two sides.

Your samples are being returned as requested.

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 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, Style GL119, "Tulip" Wax-Filled Container, Style GL106-1, "Firefly" Square Candle, Style GL106, "Butterfly" Square Candle, Style GL113-1, "Fruit" Pillar Candle, and Style GL105, "Butterfly And Grass" Rectangular Candle, are 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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