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NY C85625




April 13, 1998

CLA-2-34:RR:NC:SP:236 C85625

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

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

RE: The tariff classification of a globe candle from China.

Dear Ms. O'Beirn:

In your letter dated March 13, 1998, you requested a tariff classification ruling.

The submitted sample, Item #18C, is a blue and white colored globe candle molded in the shape of a sphere measuring 2-1/2" in diameter. The candle is wrapped in plastic and tied at the top with a blue fabric bow.

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 addition, the Department of Commerce has determined that candles molded in the form of certain identifiable objects are not within the scope of the antidumping duty order on petroleum-wax candles from China. In our opinion, the sample candle 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.

Sincerely,

Robert B. Swierupski

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