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NY B87166

July 15, 1997

CLA-2-34:RR:NC:2:236 B87166


TARIFF NO.: 3406.00.0000

Ms. Lynn O'Beirn
Four Star International Trading Company
3330 East 79th Street
Cleveland, Ohio 44127

RE: The tariff classification of "Party Candles" from China

Dear Ms. O'Beirn:

In your letter dated June 27, 1997, you requested a tariff classification ruling.

The sample submitted is a box of "Party Candles" in various colors, packaged 24 to a box for retail sale. The candles measure 17 cm in length and 2.6 mm in diameter. You indicate that the candles will be used for birthday functions and celebration.

The applicable subheading for the "Party Candles" 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 the "Party Candles" are 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 V. Gualario at 212-466-5744.


Gwenn Klein Kirschner
Chief, Special Products Branch

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