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NY F81235





January 11, 2000

CLA-2-34:RR:NC:SP:237 F81235

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph A. Arria
Syratech Corporation
175 McClellan Highway
P.O. Box 9114
East Boston, MA 02128-9114

RE: The tariff classification of a wax-filled tin container from China.

Dear Mr. Arria:

In your letter dated December 17, 1999, on behalf of International Silver Company, you request a tariff classification ruling.

The sample that you submit, Kitchen Decorative Storage Tin With A Candle, consists of a scented white colored candle poured into a drum-shaped tin container that measures approximately 3" in height and 3" in diameter. The container is decorated with painted colored eggs and feathers, and has a removable lid that is decorated with a painted birds nest with blue eggs and the slogan "Nature's miracles are found in even the simplest of things."

The applicable subheading for the sample 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 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, the Kitchen Decorative Storage Tin With A Candle 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 F. Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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