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NY F88894

June 30, 2000

CLA-2-34:RR:NC:SP:237 F88894


TARIFF NO.: 3406.00.0000

Mr. Steven J. Steinman
Dalton International Ltd.
104 Delaware Avenue
Olyphant, PA 18447

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

Dear Mr. Steinman:

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

The sample that you submit, Fruit Candle, consists of twenty seven orange colored scented wax pumpkins that measure approximately 1/2" in diameter and a freestanding wick packaged together in a glass jar that measures approximately 2-1/2" in height and 2-1/2" in diameter. You indicate that this candle will also be imported in other fruit motifs, such as bananas and strawberries.

The applicable subheading for the Fruit 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 certain identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, the Fruit Candle consisting of molded wax pumpkins or identifiable wax fruits 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.


Robert B. Swierupski

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