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NY D85273

December 17, 1998

CLA-2-34:RR:NC:2:236 D85273


TARIFF NO.: 3406.00.0000

Mr. Juial Zetz
Penco Industries, Inc.
P.O. Box 41209
New Bedford, Mass. 02744

RE: The tariff classification of Candle from China.

Dear Mr. Zetz:

In your letter dated November 25, 1998, you requested a tariff classification ruling.

The sample submitted is a blue column type candle inlaid with seashells and starfish. This candle measures approximately 5" in height and 3" in diameter, and is individually packaged in plastic with a ribbon and bow.

The applicable subheading for the above described candle will be 3406.00.0000, Harmonized Tariff Schedule of the United States,(HTS), which provides for Candles, tapers and the like. The rate of duty will be 1.2 percent ad valorem. Effective January 1, 1999 the rate of duty will be Free.

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 our opinion, the sample is 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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