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NY F85161

April 19, 2000

CLA-2-34:RR:NC:SP:237 F85161


TARIFF NO.: 3406.00.0000

Ms. Colleen O'Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, OH 44236

RE: The tariff classification of a crackle teacup candle from China.

Dear Ms. O'Shea-Moran:

In your letter dated March 24, 2000, you request a tariff classification ruling.

The sample that you submit, Item #504-4979, Crackle Teacup Candle, consists of a scented green colored candle poured into a green colored ceramic teacup that measures approximately 2" in height and 3" in diameter, and is packed for retail sale as a set with a matching green colored square shaped ceramic plate/saucer that measures approximately 4" on all sides.

The applicable subheading for Item #504-4979, Crackle Teacup 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, the wax-filled teacup of Item #504-4979 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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