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NY F85764

April 18, 2000

CLA-2-34:RR:NC:SP:237 F85764


TARIFF NO.: 3406.00.0000

Mr. Scott Bannon
Orchard International Inc.
275 Superior Blvd.
Mississauga, Ontario L5T 2L6

RE: The tariff classification of a Christmas ball candle from China.

Dear Mr. Bannon:

In your letter dated April 7, 2000, you request a tariff classification ruling.

The sample that you submit, Item #OR18846, Christmas Ball Candle, is a red colored candle molded in the shape of a sphere that measures approximately 3-1/2" in diameter and is decorated with silver colored wax dots, rings, and a wavy line molded to its side.

The applicable subheading for Item #OR18846, Christmas Ball 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 and a number, are not within the scope of the antidumping duty order. In our opinion, Item #OR18846, Christmas Ball 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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