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NY F88265





June 12, 2000

CLA-2-34:RR:NC:SP:237 F88265

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Stephen De Castro
All-Ways Forwarding Int’l Inc.
Hemisphere Center
570 U.S. Route 1-9 South
Newark, NJ 07114

RE: The tariff classification of a sphere-shaped candle and glass dish from China.

Dear Mr. De Castro:

In your letter dated June 6, 2000, on behalf of your client, Atalanta Giftware, you request a tariff classification ruling.

The sample that you submit, Item #2960, Lusions Spherical Candle, is a yellow colored candle molded in the shape of a sphere that measures approximately 2-3/4" in diameter. The candle is packaged with a glass dish that measures approximately 2-3/4" in diameter and has a depression in its center for placement of the candle. Both candle and dish are wrapped together in cellophane and tied with a straw bow.

The applicable subheading for Item #2960, Lusions Spherical 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 identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, Item #2960, Lusions Spherical 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.

Sincerely,

Robert B. Swierupski
Director,

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