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NY G81252




September 5, 2000

CLA-2-34:RR:NC:SP:237 G81252

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of candles from China.

Dear Ms. Weinberg:

In your letter dated August 29, 2000, on behalf of your client, Mast Industries, Inc. of Andover, Massachusetts, you request a tariff classification ruling.

You submit the following samples:

Style #40132, Truffle Candles, consists of a set of four scented candles molded in the shape of truffle chocolates, each measuring approximately 1-1/2" in height and 2" in diameter.

Style #40077, Floating Leaf Candle, is a white and gold colored scented floating candle molded in the shape of a leaf that measures approximately 1" in height x 2" in width (at its widest point) x 3-3/4" in length. You state that the candle will be imported in a set of three in assorted colors.

Your samples are being returned upon your request.

The applicable subheading for Style #40132, Truffle Candles, and Style #40077, Floating Leaf 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, Style #40132, Truffle Candles, and Style #40077, Floating Leaf 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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