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NY F80582




January 10, 2000

CLA-2-34:RR:NC:SP:237 F80582

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Nick DeMarco
K.C. Burdette Company, Inc.
45 John Street, Suite 903
New York, NY 10038

RE: The tariff classification of a fruit jar candle from Hong Kong and China.

Dear Mr. DeMarco:

In your letter dated December 13, 1999, on behalf of your client, Cherrydale Farms Inc. of Allentown, Pennsylvania, you request a tariff classification ruling.

The sample that you submit, Item #22753, Fruit Jar Candle, consists of a clear gel candle poured into a glass jar container filled with molded individual wax pieces of fruit. The glass jar measures approximately 3" in height and 3" in diameter, and has a tied green and white bow. The gel is stated to be comprised of a jelly wax of branched chain alkanes. Hawley's Condensed Chemical Dictionary (Twelfth Edition) defines alkane as paraffin (petroleum wax).

The applicable subheading for the above described sample 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, Item #22753, Fruit Jar Candle, comprised of alkane (paraffin) gel is within the scope of the antidumping duty order on petroleum wax candles from China. Candles manufactured in Hong Kong are not the subject of an antidumping duty order at this time.

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 F. Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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