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NY D83654




November 3, 1998

CLA-2-34:RR:NC:2:236 D83654

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Ginny Poyer
ATICO International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of Candles, Item H74Q-8488 from China.

Dear Ms. Poyer:

In your letter dated October 14, 1998, you requested a tariff classification ruling.

The sample submitted, Item H74Q-08488, consists of six red candles in a blister package for retail sale. The candles measure approximately 4" in height and 1/2" in diameter and are available in white.

The applicable subheading for the 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. The Department has also determined that candles that are less than 6" in height and approximately 3/4" in diameter are considered to be utility candles and are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the sample candles 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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