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NY E89689




November 22, 1999

LA-2-34:RR:NC:SP:236 E89689

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Stephen S. Spraitzar
George R. Tuttle Law Offices
Three Embarcadero Center, Suite 1160
San Francisco, CA 94111

RE: The tariff classification of "Spheroidal" Floating Candles from China.

Dear Mr. Spraitzar:

In your letter dated November 5, 1999, on behalf of The Companion Group ("Companion") of Oakland, California, you request a tariff classification ruling.

You submit the samples described below:

1. Purple "Spheroidal" Floating Candle is a purple colored round candle that measures approximately 1-1/8" in height and 1-7/8" in diameter and is slightly rounded at the top and bottom with a straight side that measures approximately 1/2".

2. Pink "Spheroidal" Floating Candle is a pink colored round candle that measures approximately 1-1/2" in height and 2-7/8" in diameter and is slightly rounded at the top and bottom with a straight side that measures approximately 5/8".

The applicable subheading for the above described candles 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 Free.

The Department of Commerce has determined that petroleum wax candles in the following shapes: tapers, spirals, and straightsided dinner candles; rounds, columns, pillars, votives; and various waxfilled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, Purple "Spheroidal" Floating Candle and Pink "Spheroidal" Floating Candle 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 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,

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