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NY G81556

August 25, 2000

CLA-2-34:RR:NC:SP:237 G81556


TARIFF NO.: 3406.00.0000

Ms. Barbara Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a snowflake floater candle from China.

Dear Ms. Wierbicki:

In your letter dated August 23, 2000, on behalf of your client, Avon Products, Inc. of New York, New York, you request a tariff classification ruling.

The sample that you submit, Large Snowflake Floater Candle, is a white colored floater candle molded in the shape of a snowflake that measures approximately 1-3/4" in height and 4-1/2" in width (across its widest point) and is decorated with silver glitter.

Your sample is being returned upon your request.

The applicable subheading for the Large Snowflake Floater 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 Large Snowflake Floater 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.


Robert B. Swierupski

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