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NY F85847





April 18, 2000

CLA-2-34:RR:NC:SP:237 F85847

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mrs. Jean Fair
Robert Alan Candle Company
14501 Townsend Road
Philadelphia, PA 19154

RE: The tariff classification of a gold tassel sphere shaped candle from China.

Dear Mrs. Fair:

In your letter dated April 11, 2000, you request a tariff classification ruling.

The sample that you submit, Item #18133, Gold Tassel Sphere, is a white colored candle molded in the shape of a sphere that measures approximately 3-1/2" in diameter and is decorated with a molded gold colored wax tassel.

The applicable subheading for Item #18133, Gold Tassel Sphere, 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, Item #18133, Gold Tassel Sphere, 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.

Sincerely,

Robert B. Swierupski
Director,

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