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NY C84731

March 3, 1998

CLA-2-34:RR:NC:SP:236 C84731


TARIFF NO.: 3406.00.0000

Mr. Scott Scharton
Thornley & Pitt, Inc.
48 Gold Street
San Francisco, CA 94133

RE: The tariff classification of a terra cotta star/candle from China.

Dear Mr. Scharton:

In your letter dated February 24, 1998, on behalf of International Sources, you requested a tariff classification ruling.

The submitted sample consists of a candle which has been poured into an eight-pointed star shaped terra cotta container. The container measures 1-1/2 inches in height by 3 inches at its widest point. Your sample is being returned as requested.

The applicable subheading for the 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 1.2% 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 sample candle is 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.


Robert B. Swierupski

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