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NY F88728




June 29, 2000

CLA-2-34:RR:NC:SP:237 F88728

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a star candle and holder set from China.

Dear Mr. Hoffacker:

In your letter dated June 9, 2000, on behalf of Consolidated Stores, Inc. of Columbus, Ohio, you request a tariff classification ruling.

The sample that you submit, Item #STAR73, Star Candle And Holder Set, consists of a white colored candle with three wicks molded in the shape of a star that measures approximately 2-1/2" in height and 7" across from point to point. The candle is packaged together with a gold colored star shaped terra-cotta plate that measures approximately 1" in height and 9" across from point to point. The candle and plate are tied together with a gold colored artificial bow.

The applicable subheading for Item #STAR73, Star Candle And Holder Set, 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 #STAR73, Star Candle And Holder Set, 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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