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NY G84074




November 16, 2000

CLA-2-34:RR:NC:SP:237 G84074

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Peter J. Fitch
Fitch, King and Caffentzis
116 John Street
New York, NY 10038

RE: The tariff classification of orchid shaped floating candles from China.

Dear Mr. Fitch:

In your letter dated November 8, 2000, on behalf of The Pomeroy Collection, Ltd., you request a tariff classification ruling.

You submit the following samples:

Item # K00-9480R1, Large Orchid Floater, is a white colored floating candle molded in the shape of an orchid that measures approximately 3" in height and 4-1/4" in width across its widest point.

Item #K00-9421BR2, "Small" Orchid Floater, is a yellow colored floating candle molded in the shape of an orchid that measures approximately 2" in height and 3-1/2" in width across its widest point.

The applicable subheading for Item # K00-9480R1, Large Orchid Floater, and Item #K00-9421BR2, "Small" Orchid Floater, 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 and a number, are not within the scope of the antidumping duty order. In our opinion, Item # K00-9480R1, Large Orchid Floater, and Item #K00-9421BR2, "Small" Orchid Floater, 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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