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NY G83706




October 27, 2000

CLA-2-34:RR:NC:SP:237 G83706

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Juan Dominguez
Walmart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-0410

RE: The tariff classification of pebble candles in glass holders from China.

Dear Mr. Dominguez:

In your letter dated October 23, 2000, you request a tariff classification ruling.

You submit the following samples:

Stock Number #RC1200HE, Pebble Candle In Glass Holder, consists of a purple colored candle of wax granules poured into a square shaped glass container with removable lid that measures approximately 2-1/2" in height and 3" square. The container is wrapped in an artificial purple and gold colored bow.

Stock Number #RC1202HE, Pebble Candle In Glass Holder, consists of a set of three purple colored candles of wax granules poured into three square shaped glass containers that measure approximately 2" on all sides, and are enclosed in a rectangular shaped plastic container that measures approximately 2-1/4" in height x 2-1/4" in width x 7" in length.

The applicable subheading for Stock Number #RC1200HE, Pebble Candle In Glass Holder, and Stock Number #RC1202HE, Pebble Candle In Glass Holder, 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 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. In our opinion, Stock Number #RC1200HE, Pebble Candle In Glass Holder, and Stock Number #RC1202HE, Pebble Candle In Glass Holder, are 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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