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NY F84190

March 20, 2000

CLA-2-34:RR:NC:SP:237 F84190


TARIFF NO.: 3406.00.0000

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

RE: The tariff classification of a metallic gold pillar candle from China.

Dear Mr. Hoffacker:

In your letter dated March 8, 2000, on behalf of Consolidated Stores, Inc. of Columbus, Ohio, you request a tariff classification ruling.

The sample that you submit, Item #16/70597A, Metallic Gold Votive Candle, is a gold colored ornate textured 3 wick pillar candle that measures approximately 6" in height and 6" in diameter, and is decorated with white colored wax jewels molded to its side. The candle is enclosed in a polybag tied at the top with a gold ribbon. The candle will also be imported in designs with red jewels and blue jewels.

The applicable subheading for Item #16/70597A, Metallic Gold Votive 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 #16/70597A, Metallic Gold Votive 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.


Robert B. Swierupski

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