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NY F85282





April 7, 2000

CLA-2-34:RR:NC:SP:237 F85282

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Irene Kwok
Concept 3 Ltd.
26/F, Tower A, Southmark
11 Yip Hing Street
Aberdeen, Hong Kong

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

Dear Ms. Kwok:

In your letter dated March 28, 2000, you request a tariff classification ruling.

The sample that you submit, Item #C3-47994, "White Color Scented Candle," is a scented white colored pillar candle that measures approximately 3" in height and 3" in diameter and is wrapped in cellophane.

The applicable subheading for Item #C3-47994, "White Color Scented 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 #C3-47994, "White Color Scented Candle," is within the scope of the antidumping duty order on petroleum wax candles from China. The rate applicable to candles under Antidumping Duty Order A-570-504 is now 54.21 percent (Federal Register Volume 51, Number 132, page 25085, July 10, 1986).

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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