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NY F84495




March 22, 2000

CLA-2-34:RR:NC:SP:237 F84495

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of wax-filled containers from China.

Dear Ms. Liu:

In your letter dated March 14, 2000, you request a tariff classification ruling.

You submit the following samples and photographs:

Item #C74Q0788, Candle in Glass with Polyresin Santa Lid, consists of a scented white colored candle poured into a bowl shaped glass container that measures approximately 2" in height and 3" in diameter. The container rests on a white colored circular shaped polyresin base that measures approximately 1/2" in height and 4" in diameter and is decorated with a standing polyresin chipmunk. The container has a removable lid decorated with a polyresin snowman wearing a blue colored cap and scarf.

Item #C74L0152, Scented Candle in Ceramic Holder, consists of scented wax candles poured into various fruit shaped ceramic containers, such as an apple, pear, peach, and pumpkin that measure approximately 3-1/4" in height and 3-1/2" in diameter. Each container has a removable lid decorated with a stem.

The applicable subheading for Item #C74Q0788, Candle in Glass with Polyresin Santa Lid, and Item #C74L0152, Scented Candle in Ceramic Holder, 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 #C74Q0788, Candle in Glass with Polyresin Santa Lid, and Item #C74L0152, Scented Candle in Ceramic Holder, 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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