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NY G83549

October 26, 2000

CLA-2-34:RR:NC:SP:237 G83549


TARIFF NO.: 3406.00.0000

Mr. Ben Apolinario
Dalton International Limited
104 Delaware Avenue
Olyphant, PA 18447

RE: The tariff classification of a stacking heart candle from China.

Dear Mr. Apolinario:

In your letter dated October 20, 2000, you request a tariff classification ruling.

The sample that you submit, Stacking Heart Candle, consists of three pink and yellow colored wax hearts stacked on top of one another with a wick inserted in the center of the stack to form a candle. Each heart measures approximately 1" in height and 3" across its widest point.

The applicable subheading for the Stacking Heart 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 Stacking Heart 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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