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NY D85489

December 18, 1998

CLA-2-34:RR:NC:SP:236 D85489


TARIFF NO.: 3406.00.0000

Mr. Stephen De Castro
All-Ways Forwarding Int'l
Hemisphere Center
U.S. Route 1-9 South
Newark, NJ 07114

RE: The tariff classification of a candle from China.

Dear Mr. De Castro:

In your letter dated December 2, 1998, on behalf of Atalanta Giftware, you requested a tariff classification ruling.

The sample submitted, Item no. 2721, is a scented, pillar candle decorated with a white and yellow colored wax molded around its side and top to resemble icing on a cake. The candle measures approximately 4 «" tall and 4 «" in diameter.

The applicable subheading for the above described candle 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 our opinion, the sample candle is 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.


Robert B. Swierupski

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