CLA-2-34:RR:NC:2:236 D84170
Mr. Craig M. Schau
Emery Customs Brokers
6940A Eagle Road
Middleburg Height, OH 44130
RE: The tariff classification of Candles from China.
Dear Mr. Schau:
In your letter dated September 26, 1998, on behalf of your
client Darlington Farms, you requested a tariff classification
ruling.
The samples submitted are as follows:
Item #2261- Bunny with Egg Tapered Candles- consists of two
tapered candles laminated with a bunny and eggs, measuring
approximately 10" in height and 1/2" in diameter.
Item #2721- Starlite Mint Candle Set/2 - consists of two round
candles molded in the shape of candy mints, measuring
approximately 1" in height and 3 1/2" in diameter.
Item #2928- Glowing Candle- consists of a blue ball-shaped glowing
candle, measuring approximately 5" in diameter.
Item #2936- Birdhouse Candle- consists of a candle molded in the
shape of a birdhouse, measuring approximately 2 1/2" in height and
1 1/2" width.
Item #2953- Terra Cotta Flower Candle- consists of a yellow candle
in a terra cotta flower pot, measuring approximately 1 1/4" in
height and 4" in width.
Item #2961- Boy and Girl Bunny Candle Set- consists of two candles
molded in the shape of a boy and girl bunnies, measuring
approximately 3 1/2" in length.
Item #2990 Egg Candles Set/2- consists of two candles each molded
into the shape of an egg measuring approximately 3 1/2" in length.
The applicable subheading for the above described candles
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 1.2 percent ad valorem.
The Department of Commerce 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 on petroleum wax candles from China. The
Department has also determined that candle molded in the shape of
certain identifiable object, such as an animal, a numeral or a
sphere, are not within the scope of the antidumping duty order.
In our opinion, items # 2261, #2721 and #2953 within the scope of
the antidumping duty order on petroleum wax candles from China.
Item(s) #2928, #2936, #2961, #2990 are not within the scope of the
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 212-466-5744.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division