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NY F88165

June 30, 2000

CLA-2-34:RR:NC:SP:237 F88165


TARIFF NO.: 3406.00.0000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of an oval shaped candle from China.

Dear Ms. Liu:

In your letter dated June 16, 2000, you request a tariff classification ruling.

The sample that you submit, Item #C05F1827, Ice-Frost Oval Candle, is a scented oval shaped pillar candle that measures approximately 3" in height x 1-1/2" in width x 3" in length and is wrapped in a polybag tied with a raffia bow. You indicate that the candle will be imported in 7 assorted colors/fragrances.

The applicable subheading for Item #C05F1827, Ice-Frost Oval 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 #C05F1827, Ice-Frost Oval 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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