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NY D82338





October 9, 1998

CLA-2-34:RR:NC:2:236 D82338

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Bing Ran
Jaguar Industries, Inc.
2427 Villanova Drive
Vienna, VA 22180

RE: The tariff classification of Candles from China.

Dear Mr. Ran:

In your letter dated September 8, 1998, you requested a tariff classification ruling.

The samples submitted are as follows:

Item #1 Tea Light candles in aluminum containers measuring approximately 1 1/2" in diameter and 7/16" in height.

Item #2 A blue candle poured into a glass container, measuring approximately 2 1/2" in height by 2 1/2" diameter.

Item #3 A box of 24 birthday candles, measuring approximately 2 1/4" in height by 3/16" in diameter with 12 plastics holders in a blister package.

Item #4 An orange candle poured into a terra-cotta container, measuring 2 1/2" in height by 2 1/2" in diameter. The container is decorated with a glazed painted dolphin.

Item #5 A candle molded into the shaped of a Santa Claus, measuring approximately 2 1/2" in height.

The applicable subheading for the above described candles 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. The Department has also determined that birthday candles and candles molded in the shape of certain identifiable objects, such as animals and numerals, are not within the scope of the antidumping duty order. In our opinion, the Items #1, 2 and 4 are within the scope of the antidumping duty order on petroleum wax candles from China. However, Items #3 and 5 are 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
Director,

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