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NY G83349





October 18, 2000

CLA-2-34:RR:NC:SP:237 G83349

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mrs. Jean Fair
Robert Alan Candle Company
14501 Townsend Road
Philadelphia, PA 19154

RE: The tariff classification of a vegetable wax blend candle from China.

Dear Mrs. Fair:

In your letter dated October 13, 2000, you request a tariff classification ruling.

The sample that you submit, Item #BGV-007, 3" Diameter x 3" High Round Pillar Candle, is a blue colored pillar candle that measures approximately 3" in height and 3" in diameter. You state that the candle is made of a blend of 55% vegetable wax and 45% paraffin wax.

The applicable subheading for Item #BGV-007, 3" Diameter x 3" High Round Pillar 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 made of more than 50% beeswax are not within the scope of the antidumping duty order. In our opinion, candles containing more than 50% vegetable wax 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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