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September 14, 1999

LA-2-34:RR:NC:SP:236 E86733


TARIFF NO.: 3406.00.0000

Mr. Hongchen Ji
SAT Trading Company
811 51 Street
Brooklyn, NY 11220

RE: The tariff classification of a "Daisy Candle" from China.

Dear Mr. Ji:

In your letter dated September 1, 1999, you request a tariff classification ruling.

The sample that you submit, Item #HS02M "Daisy Candle", consists of three pink colored and ten red colored daisy shaped wax plates stacked on top of one another with a wick inserted in the center to form a stack candle. Each six petal daisy plate measures approximately 2-7/8" across its widest point and 1/4" in thickness. The stack candle measures approximately 2-3/8" in height and 2-7/8" across its widest point and is packaged in cellophane.

The applicable subheading for the item 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 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. The DOC has also determined that candles molded in the shape of certain recognizable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, Item #HS02M "Daisy Candle" is not 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 212-637-7062.


Robert B. Swierupski

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