The tariff classification of a vegetable wax blend candle from China.

NY G84425 November 28, 2000 CLA-2-34:RR:NC:SP:237 G84425 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Ms. Cathy Petrus Limited Distribution Services 7 Limited Parkway Reynoldsburg, OH 43068 RE: The tariff classification of a vegetable wax blend candle from China. Dear Ms. Petrus: In your letter dated November 20, 2000, on behalf of Bath & Body Works, you request a tariff classification ruling. The sample that you submit, Item #40486VBF-1023, 3" x 5" Embossed Fish Pillar Candle, is a blue colored scented pillar candle that measures approximately 5" in height and 3" in diameter and is decorated with wax fish molded to its side. You state that the candle is made of a blend of 55% vegetable wax and 45% paraffin wax. Your sample is being returned upon your request. The applicable subheading for Item #40486VBF-1023, 3" x 5" Embossed Fish Pillar 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 made of more than 50% beeswax are not within the scope of the antidumping duty order. In our opinion, candles containing more than 50% vegetable wax 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