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NY D80617





August 31, 1998

CLA-2-34:RR:NC:2:236 D80617

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mrs. Jean Fair
Robert Alan Candle Company
14501 Townsend Road
Philadelphia, PA 19154

RE: The tariff classification of Item #15012 - 3 1/4" Medium Terracotta Pot Painted Floral from China.

Dear Mrs. Fair:

In your letter dated July 21,1998, you requested a tariff classification ruling.

The sample submitted, Item #15012 - 3 1/4" Medium Terracotta Pot Painted Floral, is a citronella scented candle in a terra-cotta pot measuring approximately 3 1/2" in height and 3 3/8" in diameter. The pot designs will be Tulips, Sunflowers, Birdhouses, Daisies, Grapes or Heather. This item will be labeled as a citronella scented candle.

The applicable subheading for the above described sample 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 1.2 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 sample is 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.

Sincerely,

Robert B. Swierupski
Director,

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