The tariff classification of log candles from China.

NY G82339 September 28, 2000 CLA-2-34:RR:NC:SP:237 G82339 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Mr. Gordon C. Anderson C.H. Robinson International, Inc. 8967 Columbine Road Suite 400 Eden Prairie, MN 55347 RE: The tariff classification of log candles from China. Dear Mr. Anderson: In your letter dated September 13, 2000, on behalf of Europa Imports Inc. of St. Paul, Minnesota, you request a tariff classification ruling. You submit the following samples: Item #9673, Log Candle, is a five wick candle molded in the shape of a log that measures approximately 4" in height x 4" in diameter x 14" in length and has a texture resembling bark. The bottom of the candle is flat across its entire length to allow the candle to rest horizontally. Item #9670, Log Candle, is a candle molded in the shape of a log that stands vertically and measures approximately 4" in height and 4" in diameter and has a texture resembling bark. Item #9671, Log Candle, is a candle molded in the shape of a log that stands vertically and measures approximately 6" in height and 4" in diameter and has a texture resembling bark. Item #9672, Log Candle, is a two wick candle molded in the shape of a log that measures approximately 4" in height x 4" in diameter x 9" in length and has a texture resembling bark. The bottom of the candle is flat across its entire length to allow the candle to rest horizontally. Item #9674, Log Candle, is a two wick candle molded in the shape of a log that measures approximately 6" in height x 6" in diameter x 8" in length and has a texture resembling bark. The bottom of the candle is flat across its entire length to allow the candle to rest horizontally. Your samples are being returned upon your request. The applicable subheading for the above 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 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, Item #9673, Log Candle, Item #9670, Log Candle, Item #9671, Log Candle, Item #9672, Log Candle, and Item #9674, Log Candle, are 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division