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NY F83880




March 27, 2000

CLA-2-34:RR:NC:SP:237 F83880

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of square stacked candles from China.

Dear Mr. Hoffacker:

In your letter dated February 22, 2000, on behalf of Consolidated Stores, Inc. of Columbus, Ohio, you request a tariff classification ruling.

You submit the following samples:

Item #16/WX2001/2A, Square Stacking Shaped Novelty Candle, consists of six pink colored wax squares that measure approximately 5/8" in thickness x 5" in width x 5" in length stacked on top of one another with a wick inserted through the center of the stack to form a candle.

Item #16/WX2001/2B, Square Stacking Shaped Novelty Candle, consists of six blue colored wax squares that measure approximately 5/8" in thickness x 3-3/4" in width x 3-3/4" in length stacked on top of one another with a wick inserted through the center of the stack to form a candle.

The applicable subheading for the above described samples 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 (DOC) 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. The DOC has also determined that candles molded in the form of certain identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, Item #16/WX2001/2A, Square Stacking Shaped Novelty Candle, and Item #16/WX2001/2B, Square Stacking Shaped Novelty Candle, are not 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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