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NY F83580




February 28, 2000

CLA-2-34:RR:NC:SP:237 F83580

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 wax-filled containers from China.

Dear Ms. Liu:

In your letter dated February 21, 2000, you request a tariff classification ruling.

You submit the following samples:

1. Item #W29I7469, Glass Square Candle Holder With Scented Wax, consists of a scented green colored candle poured into a square shaped glass container that measures approximately 1-1/2" in height and 2" square at the base. The candle will also be imported in five additional colors.

2. Item #W29I7548, Glass Daisy Candle Holder With Scented Wax, consists of a scented yellow colored candle poured into a daisy shaped glass container that measures approximately 1" in height x 3-1/4" in width (across its widest point) x 2-1/4" in length. The candle will also be imported in three additional colors.

3. Item #W29I7343, Glass Candle Holder With Scented Wax, consists of a scented purple candle poured into a purple colored cup shaped glass container that measures approximately 3-1/4" in height and 2-3/4" in diameter, narrowing to 2" at its base. The glass container is decorated with assorted geometric shapes.

4. Item #W74T5696, Glass Canister With Scented Wax, consists of a scented purple colored wax poured into a jar shaped glass container that measures approximately 6-1/2" in height and 3-1/2" in diameter. The container is decorated with artificial snowflakes, and has a frosted glass lid.

The applicable subheading for the above described wax-filled containers 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 #W29I7469, Glass Square Candle Holder With Scented Wax, Item #W29I7548, Glass Daisy Candle Holder With Scented Wax, Item #W29I7343, Glass Candle Holder With Scented Wax, and Item #W74T5696, Glass Canister With Scented Wax, 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 F. Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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