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NY G85422





December 21, 2000

CLA-2-34:RR:NC:SP:237 G85422

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Floyd Sirico
Rogers & Brown Custom Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of candles from China.

Dear Mr. Sirico:

In your letter dated December 15, 2000, on behalf of MVP Group Int'l dba TLC Candle Corporation of Mayfield, Kentucky, you request a tariff classification ruling.

You submit the following samples:

Item #1, Mosaic Brick, is a is a column candle that measures approximately 6" in height x 2-1/4" in width x 4-1/4" in length with a texture of inlaid squares of assorted colors.

Item #2, Mosaic Oval, is an oval shaped pillar candle that measures approximately 7-1/2" in height x 2-1/2" in width x 3-1/2" in length with a texture of inlaid squares of assorted colors.

Item #3, Layered Pillar, is a column candle that measures approximately 8-1/4" in height x 2-1/2" square with the top third of the candle colored orange, the middle third colored yellow, and the lower third colored black.

Item #4, Layered Cone, is a conical pillar candle that measures approximately 9-1/8" in height and 2-1/2" at its widest diameter with the top third of the candle colored brown, the middle third colored yellow, and the lower third colored black.

Your samples are being returned upon your request.

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 rate of duty will remain the same in the year 2001.

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, Item #1, Mosaic Brick, Item #2, Mosaic Oval, Item #3, Layered Pillar, and Item #4, Layered Cone, 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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