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NY G86041




January 8, 2001

CLA-2-34:RR:NC:SP:237 G86041

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a wax-filled container from China, Hong Kong, or Taiwan.

Dear Mr. Epstein:

In your letter dated January 3, 2000, on behalf of your client, Avon Products, Inc., you request a tariff classification ruling.

The sample that you submit, PP #1003660, Direct Pour Message Candles, consists of a scented white colored candle poured into a glass container that measures approximately 3-3/4" in height and 3" in diameter. The exterior of the container is decorated with a paper label with the word "Peace."

Your sample is being returned upon your request.

The applicable subheading for PP #1003660, Direct Pour Message 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 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. In our opinion, PP #1003660, Direct Pour Message Candles, made in China, is within the scope of the antidumping duty order on petroleum wax candles from China. Candles made in Taiwan or Hong Kong are not the subject of an antidumping duty order at this time.

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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