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January 17, 1996

NY 817880


CLA-2-34:RR:NC:FC:236 817880

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. David M. Rickert
Vice-President
E. Besler & Company
115 Martin Lane
ELK Grove Village, Illinois 60007-1309

RE: The tariff classification of Scented Candles (Style# SCI/4 Scented Candle All-Occasion) from Hong Kong

Dear Mr. Rickert:

In your letter dated December 19, 1995 on behalf of your client LTD Commodities Inc., you requested a tariff classification ruling.

The prospective import is a scented candle poured into a tin container. The tin can is decorated with a variety of fruit patterns on all sides including the cover. The can measure 3 inches high by 2 inches in diameter.

The applicable subheading for the Scented 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 3.5 percent ad valorem.

The Department of Commerce has determined that candles in the following shapes; tapers, spirals, straight-sided dinner candles, rounds columns, pillars, votives and various wax- filled containers are subject to the Antidumping Duty order on petroleum-wax candles from China only. There is no quota or restriction on candles from Hong Kong under HTS# 3406.00.0000.

This ruling is being issued under the provisions of Section 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.

Sincerely,

Roger J. Silvestri
Director

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