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NY D84940

December 11, 1998

CLA-2-34:RR:NC:2:236 D84940


TARIFF NO.: 3406.00.0000

Ms. Christine Basile
N56 W17000 Ridegwood Drive
Menomonee Falls, Wisconsin 53051

RE: The tariff classification of Candles from China.

Dear Ms. Basile:

In your letter dated November 2, 1998, you requested a tariff classification ruling.

The samples submitted are as follows:

Style #S1190- St Nicholas Square Candle- is a green pillar candle and a ceramic gold painted dish. Both are shrink-wrapped in plastic and tied with a green, red and gold plaid ribbon. The candle measures approximately 4" in height and 3" in diameter.

Style #CM1112- St Nicholas Square Candle- consists of four red votive type candles, each measuring approximately 2" in height and 1 1/2" in diameter. The candles are packaged in a cardboard box tied with a green ribbon.

The applicable subheading for the described samples 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 samples 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.


Robert B. Swierupski

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