The tariff classification of candles from China.

NY D87211 February 16, 1999 CLA-2-34:RR:NC:2:236 D87211 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Ms. Sharon Wong Premier Candle Corp. 1255 Fewster Drive Mississauga, ON* Canada L4W 1A3 RE: The tariff classification of candles from China. Dear Ms. Wong: In your letter dated January 26, 1999, you requested a tariff classification ruling. The samples submitted are as follows: 1. Butterfly Floating Candle is a green scented candle molded in the shape of a butterfly. The candle measures approximately 2" in height and 2 3/4" across its widest point. 2. Waterdance Floating Candle is a light blue scented candle molded in the shape of a flower with an embossed bird on top. The candle measures approximately 2" in height and 2" in diameter. 3. 23cm Hand Painted Straight Candle is a column candle painted in abstract design using various colors. The candle measures approximately 9 1/4" in height and 7/8" in diameter. 4. 3" x 4" Botanical Candle is a beige scented pillar candle inlaid with cinnamon sticks, apple leaves and apple slices. The candle measures approximately 4" in height and 4" in diameter. The applicable subheading for the above described samples will be 3406.00.0000, Harmonized Tariff Schedule of the United States, 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 straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are within the scope of the antidumping duty order. The DOC has also determined that candles molded in the shape of recognizable objects, such as an animal or a number are not within the scope of the antidumping duty order. In our opinion, samples 3 and 4 are within the scope of the antidumping duty order on petroleum wax candles from China. However, samples 1 and 2 are not within the scope of the antidumping duty order. 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 V. Gualario at 212-637-7062. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division