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NY F89956

July 28, 2000

CLA-2-34:RR:NC:SP:237 F89956


TARIFF NO.: 3406.00.0000

Ms. Diane Pingarelli
MercAsia USA, Ltd.
2005 Industrial Drive
Bethlehem, PA 18017

RE: The tariff classification of sphere shaped candles from China.

Dear Ms. Pingarelli:

In your letter dated July 21, 2000, you request a tariff classification ruling.

The samples that you submit, Sphere Candles, are white colored candles molded in the shape of spheres that measure approximately 1-1/4" in diameter.

The applicable subheading for the Sphere Candles 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 Sphere Candles are 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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