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NY D84376

December 3, 1998

CLA-2-34:RR:NC:2:236 D84376


TARIFF NO.: 3406.00.0000

Ms. Marian Harding Cochran
ATICO International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of Halloween Candles from China.

Dear Ms. Cochran:

In your letter dated November 3, 1998, you requested a tariff classification ruling.

The samples submitted are as follows:

Item H79H5437 Halloween Cube Candle is a 3" orange cube with ghosts, bats, pumpkins and webs molded into its sides.

Item H79H5463 Candy Cane Candle is a white, orange and black striped pillar candle with 3 tiered rounded sides. The candle measures approximately 2 1/2" in height and 2 "1/4" 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 1.9 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 designed solely for use in connection with a holiday or special event are not within the scope of the antidumping duty order. In our opinion, H79H5463 Candy Cane Candle is within the scope of the antidumping duty order on petroleum wax candles from China. Item H79H5437 Halloween Cube Candle is outside the scope of the 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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