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NY G81285




September 7, 2000

CLA-2-34:RR:NC:SP:237 G81285

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a gel preserve jar candle from China.

Dear Ms. Liu:

In your letter dated August 28, 2000, you request a tariff classification ruling.

The sample that you submit, Item #C05F2086, Gel Preserve Jar Candle, consists of a glass jar filled with a pillar candle that measures approximately 2" in height and 1-1/4" in diameter, molded individual wax pieces of fruit, and a clear gel oil. The glass jar measures approximately 4" in height and 4" in diameter and has a resealable hinged lid. The fruit will be imported in Strawberry, Blueberry, Peach, Plum, and Jelly Bean designs.

The applicable subheading for Item #C05F2086, Gel Preserve Jar 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, Item #C05F2086, Gel Preserve Jar 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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