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NY F82468

February 8, 2000

CLA-2-34:RR:NC:SP:237 F82468


TARIFF NO.: 3406.00.0000

Mr. Scott Bannon
Orchard International Inc.
275 Superior Blvd.
Mississauga, Ontario L5T 2L6

RE: The tariff classification of a fruit gel candle from China.

Dear Mr. Bannon:

In your letter dated January 26, 2000, you request a tariff classification ruling.

"Fruit Gel Candle" (no sample submitted) is described as a clear gel candle poured into a glass jar container filled with molded individual wax pieces of fruit. The glass jar measures approximately 4" in height and 4-3/8" in diameter and has a resealable hinged lid. The gel is stated to be comprised of paraffin wax.

The applicable subheading for "Fruit Gel Candle" 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, "Fruit Gel Candle" comprised of paraffin wax 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.


Robert B. Swierupski

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