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NY B81991





February 28, 1997

CLA-2-34:RR:NC:2:236 B81991

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. William Bernstein
William Bernstein Company
155 West 72nd Street
New York, NY 10023

RE: The tariff classification of Candle from China

Dear Mr. Bernstein:

In your letter dated February 6, 1997, you requested a tariff classification ruling.

The sample submitted is a pink candle molded into the shape of a human figure on a base. The candle measures approximately 8" in height and 2" in width at the base.

The applicable subheading for the Candle will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides for Candle, tapers and the like. The rate of duty will be 2.3 percent ad valorem.

The Department of Commerce has determined that candles shaped in the form of certain 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 above candle is not subject to the antidumping duty order on petroleum wax candles from China.

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.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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