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NY C89577

July 9, 1998

CLA-2-34:RR:NC:SP:236 C89577


TARIFF NO.: 3406.00.0000

Gerry Stauffenecker

Tsumura International

1000 Valley Park Drive

Shakopee, MN 55379

RE: The tariff classification of "Set The Mood" candles from China.

Dear Mr. Stauffenecker:

In your letter dated June 10, 1998, you requested a tariff classification ruling.

The submitted sample is a scented, marbleized lavender colored, oval shaped pillar candle measuring 6 1/2 inches tall and 3 1/4 inches across its widest point. Pictorial literature also shows round pillar candles measuring 4" tall by 2" in diameter, 6" tall by 2" in diameter, 8" tall by 3" in diameter, and a 5" tall by 6" in diameter with three wicks. The candles will be available in different colors and scents.

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 (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.

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.


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