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NY D80619

August 27, 1998

CLA-2-34:RR:NC:SP:236 D80619


TARIFF NO.: 3406.00.0000

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

RE: The tariff classification of a wax candle poured into a porcelain container from China.

Dear Mrs. Fair:

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

The submitted sample, item #15021 - "Porcelain Watering Can", is a yellow-colored, citronella scented, wax candle measuring approximately 2" tall and 2 1/2" in diameter, poured into a white porcelain container decorated with a rose, sunflower, or a blue or purple daisy. The container, shaped like a watering can, measures approximately 2 1/2" tall and 5 1/2" at its widest point, and 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 (DOC) 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.

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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