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NY B84356

May 28, 1997

CLA-2-34:RR:NC:2:236 B84356


TARIFF NO.: 3406.00.0000

Ms. Paula Reeder
Lava Enterprises, Inc.
131 West 33rd Street
National City, CA 91950-7210

RE: The tariff classification of Create-A-Candle from China

Dear Ms. Reeder:

In your letter dated March 25, 1997, you requested a tariff classification ruling.

The sample is composed of approximately 0.24 ounces of colored paraffin wax powder and several cotton wicks that are heavily coated with wax. These components are packed together in a plastic bag and put up for retail with an attached header card labeled " Create-A-Candle", which describes its intended use and instructions.

The applicable subheading for "Create-A-Candle" 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 2.3 percent ad valorem.

The Department of Commerce has determined that petroleum wax candles in the following shapes: tapers, spirals, and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, "Create-A-Candle" is not within the scope of the antidumping duty order.

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. If you have any questions regarding the ruling, contact National Import Specialist V. Gualario at 212-466-5744.


Gwenn Klein Kirschner
Chief, Special Products Branch

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