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NY F85864

April 25, 2000

CLA-2-34:RR:NC:SP:237 F85864


TARIFF NO.: 3406.00.0000

Mr. Suda Tam
San Francisco Candle Company Inc.
20929 Cabot Blvd.
Hayward, CA 94545

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

Dear Mr. Tam:

In your letter dated March 30, 2000, you request a tariff classification ruling.

The sample that you submit, "Botanical Candle," is a white colored pillar which is semicircular when viewed from the top. The pillar measures approximately 4" in height x 3-3/4" in width x 1-1/4" in thickness, and is decorated with red and yellow colored flowers and three green colored leaves embedded underneath the wax on its side. You state that a wick will be inserted at the top of the pillar to form a candle.

The applicable subheading for "Botanical 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, "Botanical Candle" 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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