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NY G80785




August 28, 2000

CLA-2-34:RR:NC:SP:237 G80785

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Bob Somerville
F.C. Gerlach & Co., Inc.
290 Central Avenue, Suite 105
Lawrence, New York 11559

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

Dear Mr. Somerville:

In your letter dated August 22, 2000, on behalf of Sunrise Global (Ohio) Inc., you request a tariff classification ruling.

You submit the following samples:

Item #B450W, Ball Shaped Candle In Box 4" H X 4" W, consists of a white colored candle molded in the shape of a sphere that measures approximately 4" in diameter and is decorated with an outer layer of multi-colored wax. The candle will be imported in a green colored cube shaped box that measures approximately 4-1/4" on all sides and is lettered with the words "Glowing Candle."

Item #B450, Ball Shaped Candle W/O Box 4" H X 4" W, is a white colored candle molded in the shape of a sphere that measures approximately 4" in diameter and is decorated with an outer layer of pink colored wax with abstract designs.

Item #B250W, Ball Shaped Candle 3" H X 3" W, is a white colored candle molded in the shape of a sphere that measures approximately 3" in diameter and is decorated with an outer layer of blue colored wax with abstract designs.

Item #B100, Ball Shaped Candle 2" H X 2" W, is a white colored candle molded in the shape of a sphere that measures approximately 2" in diameter and is decorated with an outer layer of blue colored wax with abstract designs.

The applicable subheading for the above described samples 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 #B450W, Ball Shaped Candle In Box 4" H X 4" W, Item #B450, Ball Shaped Candle W/O Box 4" H X 4" W, Item #B250W, Ball Shaped Candle 3" H X 3" W, and Item #B100, Ball Shaped Candle 2" H X 2" W, 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.

Sincerely,

Robert B. Swierupski
Director,

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