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NY F84654

March 23, 2000

CLA-2-34:RR:NC:SP:237 F84654


TARIFF NO.: 3406.00.0000

Ms. Jennifer Mitacek
CFF World Freight Corporation
13 Addison Place
Valley Stream, New York 11580

RE: The tariff classification of a spiked honeydew melon candle from China.

Dear Ms. Mitacek:

In your letter dated March 13, 2000, on behalf of Cosmetech Mably Int'l of New York, New York, you request a tariff classification ruling.

The sample that you submit, Spiked Honeydew Melon Candle, is a scented gold colored candle molded in the shape of a sphere that measures approximately 3-3/4" in diameter and has a pointy texture.

The applicable subheading for the Spiked Honeydew Melon 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 (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, the Spiked Honeydew Melon Candle is 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.


Robert B. Swierupski

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