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NY F82637




February 8, 2000

CLA-2-34:RR:NC:SP:237 F82637

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Alice Liu
Atico International USA, Inc.
501 So. Andrews Avenue
Ft. Lauderdale, FL 33301

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

Dear Ms. Liu:

In your letter dated January 31, 2000, you request a tariff classification ruling.

The sample that you submit, Item #992350, Glass Butterfly Shape Candle Holder With Poured Wax Candle, consists of a gray colored scented candle poured into a butterfly shaped glass holder that measures approximately 1-1/2" in height and 3" across its widest point from wing to wing. You state that the candle will be imported in a set of four.

The applicable subheading for Item #992350, Glass Butterfly Shape Candle Holder With Poured Wax 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, Item #992350, Glass Butterfly Shape Candle Holder With Poured Wax 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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