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NY F88108

June 22, 2000

CLA-2-34:RR:NC:SP:237 F88108


TARIFF NO.: 3406.00.0000

Mr. Bob Somerville
F.C. Gerlach & Co., Inc.
290 Central Avenue, Suite 105
Lawrence, New York 11559

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

Dear Mr. Somerville:

In your letter dated June 16, 2000, on behalf of Sunshine Enterprise Group, Inc. of East Brunswick, NJ, you request a tariff classification ruling.

The sample that you submit, Jelly Candle, consists of a green colored gel candle poured into a heart shaped glass container that measures approximately 1-1/2" in height and 3-1/4" across its widest point. You state that the gel is made of 92.5% liquid paraffin wax.

The applicable subheading for Jelly 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 Jelly Candle made of 92.5% liquid paraffin wax 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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