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NY A89776

December 26, 1997

CLA-2-34:RR:NC:2:236 A89776


TARIFF NO.: 3406.00.0000

Mr. David A. Eisen
Siegel, Mandell & Davidson, P.C.
1515 Broadway, 43rd Floor
New York NY 10036-8901

RE: The tariff classification of Bastin Berry Figural Candle - PP 152484 from China

Dear Mr. Eisen:

In your letter dated November 27, 1996, on behalf of your client, Avon Products, Inc., you requested a tariff classification ruling.

The sample submitted, a Bastin Berry Figural Candle - PP 152484, is a candle molded in the shape of berries with leaves and is contained within a ceramic flower pot holder. The candle and holder measure approximately 5 1/2" in height by approximately 3" in width.

The applicable subheading for the Bastin Berry Figural Candle - PP 152484 will be 3406.00.0000, Harmonized Tariff Schedule of the United States, 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 shaped as identifiable objects are not within the scope of the antidumping duty order on petroleum-wax candles from the People's Republic of China. In our opinion, the berry plant candle is molded in the shape of an identifiable object and is not within the scope of the antidumping duty order.

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 V. Gualario at 212-466-5744.


Roger J. Silvestri

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