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NY C89603


July 23, 1998

CLA-2-34:RR:NC:SP:236 C89603

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Patricia McLaughlin

J.F. Moran Co., Inc.

179-30 149th Avenue

Jamaica, NY 11434

RE: The tariff classification of candles from China.

Dear Ms. McLaughlin:

In your letter received July 1, 1998, on behalf of GMA Accessories, Brooklyn, NY, you requested a tariff classification ruling.

The illustrative literature submitted with your letter indicates: Item CI-1 is a circular shaped candle molded into the shape of a black and grey colored Yin\Yang symbol. Item CI-2 is a circular shaped candle molded into a green and orange colored peace sign. Item CI-3 is a circular shaped candle molded into a multi-colored smiley face. Item CI-4 is a circular shaped candle molded into a pink flower. Each of these circular shaped candles appears to be 1/10 as thick as its overall height, has a wick at the top and has a flat base. The last item is a candle molded into the shape of a jack-o-lantern.

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. In addition, the Department of Commerce has determined that candles molded in the form of certain identifiable objects 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,


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