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NY G82444




September 25, 2000

CLA-2-34:RR:NC:SP:237 G82444

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Hongchen Ji
SAT Trading Company
811 51 Street
Brooklyn, NY 11220

RE: The tariff classification of candles from China.

Dear Mr. Ji:

In your letter dated September 18, 2000, you request a tariff classification ruling.

You submit the following samples:

Item #BV121, #BV122, #BV123, #BV124, #BV125, #BV126, and #BV127, "Gel Candles," are gel candles poured into cylinder shaped glass containers that measure approximately 6" in height and 2-1/2" in diameter. The top 1/6 of the container is filled with a scented petroleum derived gel (assorted colors) and wick that burns when lit. The remaining 5/6 of the container is filled with a yellow colored water-based gel that does not burn and contains a glass fish (assorted colors), two green colored glass plants and white colored sand at the bottom.

Item #DH 2105, "Floating Flower Candle," are three floating candles molded in the shape of flowers (pink, yellow, and white colored) that measure approximately 2" in height and 3-1/2" in width (at their widest point). The candles will be imported as a set inside a rectangular shaped cardboard box that measures approximately 2" in height x 3-1/4" in width x 11-1/2" in length.

Item #DH 2106, "Floating Flower Candle," are three floating candles molded in the shape of flowers (pink, yellow, and purple colored) that measure approximately 1-1/2" in height and 3-1/4" in width (at their widest point). The candles will be imported as a set inside a rectangular shaped cardboard box that measures approximately 1-1/2" in height x 3-1/2" in width x 10-1/2" in length.

Item #DH 2107, "Floating Flower Candle," are three floating candles molded in the shape of flowers (pink, white, and green colored) that measure approximately 1-1/2" in height and 3" in width (at their widest point). The candles will be imported as a set inside a rectangular shaped cardboard box that measures approximately 1" in height x 3" in width x 9" in length.

Item #SLD-56, "Floating Ball Candle," is a purple colored floating candle molded in the shape of an oval that measures approximately 1-1/2" in height and 2" in diameter. The candle will also be imported in a gold color (Item #SLD-56G) and a silver color (Item #SLD-56S).

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 (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, Item #BV121, #BV122, #BV123, #BV124, #BV125, #BV126, and #BV127, "Gel Candles," are within the scope of the antidumping duty order on petroleum wax candles from China. Item #DH 2105, "Floating Flower Candle," Item #DH 2106, "Floating Flower Candle," Item #DH 2107, "Floating Flower Candle," and Item #SLD-56, Item #SLD-56G and Item #SLD-56S "Floating Ball 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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