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NY D82675





September 30, 1998

CLA-2-34:RR:NC:2:236 D82675

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Christine Basile
KOHL'S
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051

RE: The tariff classification of a set of four candles in painted flower pots, style #PD2004S4WM, from China.

Dear Ms. Basile:

In your letter dated September 23, 1998, you requested a tariff classification ruling.

The sample submitted, style #PD2004S4WM, consists of a set of four candles poured into painted terra-cotta pots, each pot measuring approximately 2 1/4" in height and 2" in diameter.

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. 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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