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NY G85694




January 4, 2001

CLA-2-34:RR:NC:SP:237 G85694

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Merle Horowitz
Deals-Nothing Over A Dollar, LLC
11966 St. Charles Rock Road
Bridgeton, MO 63044

RE: The tariff classification of candles from China.

Dear Mr. Horowitz:

In your letter dated December 22, 2000, you request a tariff classification ruling.

You submit the following samples:

Item #H606, Lip Shaped Floating Scented and Unscented Candle, consists of six assorted colored floating candles that are half moon shaped and measure approximately 1" in height x 1-1/2" at their widest width x 2-1/2" in length. The candles are packaged together in a square shaped cardboard box that measures approximately 1" in height and 5" square.

Item #H607, Butterfly Shaped Floating Scented and Unscented Candle, consists of six assorted colored floating candles that are butterfly shaped and measure approximately 1" in height x 2-1/4" across their widest width (wing-to-wing) x 1-1/2" in length.

Item #H905, Ball Shaped Floating Scented and Unscented Candle, is a red and purple colored floating candle molded in the shape of a sphere that measures approximately 3-1/2" in diameter.

Item #T-051-11B, Heart Shaped Scented and Unscented Candle, is a blue colored candle molded in the shape of a heart that measures approximately 2-3/4" in height and 3" across its widest width.

Item #T-010-2WYG, Pyramid Shaped Scented and Unscented Candle, is a green, yellow and white colored candle molded in the shape of a three sided pyramid that measures 8" in height and 3-3/4" across (from point to point) at its triangular shaped base.

Item #RB-100, Rose Bud Shaped Scented and Unscented Candle, is a white colored cube shaped column candle with a petal like outer layer of wax that measures approximately 2-1/2" in height and 2-1/4" square.

Item #T-062-1W, Pyramid Winter Shaped Scented and Unscented Candle, consists of a white colored candle molded in the shape of a four sided pyramid with a texture resembling snow that measures approximately 5" in height and 2" square at its base. The candle will be packaged as a set of two in a square shaped cardboard box that measures approximately 2-3/4" in height and 5-1/2" square.

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 and a number, are not within the scope of the antidumping duty order. In our opinion, Item #RB-100, Rose Bud Shaped Scented and Unscented Candle, is within the scope of the antidumping duty order. Item #H606, Lip Shaped Floating Scented and Unscented Candle, Item #H607, Butterfly Shaped Floating Scented and Unscented Candle, Item #H905, Ball Shaped Floating Scented and Unscented Candle, Item #T-051-11B, Heart Shaped Scented and Unscented Candle, Item #T-010-2WYG, Pyramid Shaped Scented and Unscented Candle, and Item #T-062-1W, Pyramid Winter Shaped Scented and Unscented Candle, are not within the scope of the antidumping duty order on petroleum wax candles from China.

Please note: For future ruling requests, limit merchandise to a maximum five samples per request.

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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