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NY G85964




January 9, 2001

CLA-2-34:RR:NC:SP:237 G85964

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Sharon Wong
Premier Candle Corp.
1255 Fewster Drive
Mississauga, ON L4W 1A3
Canada

RE: The tariff classification of a set of six floating candles from China.

Dear Ms. Wong:

In your letter dated December 29, 2000, you request a tariff classification ruling.

The sample that you submit, Item #1, Floating Candles, consists of six blue colored floating candles molded in spheroidal shapes without straight sides that measure approximately 1-1/2" in diameter. The candles are packaged together in a rectangular shaped cardboard box that measures approximately 5-1/2" in height x 1" in width x 3-1/2" in length.

The applicable subheading for Item #1, Floating Candles, 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 #1, Floating Candles, 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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