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NY G81869




September 11, 2000

CLA-2-34:RR:NC:SP:237 G81869

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Ben Apolinario
Dalton International Limited
104 Delaware Ave.
Olyphant, PA 18447

RE: The tariff classification of a candy cane candle from China.

Dear Mr. Apolinario:

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

The sample that you submit, Candy Cane Candle, is a candle that measures approximately 4" in height and 1/8" in diameter and is decorated with a pattern of red, white and green colored stripes.

The applicable subheading for the Candy Cane 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 that are less than 6" in height and approximately 3/4" in diameter are considered to be utility candles and are not within the scope of the antidumping duty order. In our opinion, the Candy Cane 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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