The tariff classification of Style #5210-6124 Color Gear TM Party Pink Cool Candles from China.

NY D89595 April 15, 1999 CLA-2-34:RR:NC:2:236 D89595 CATEGORY: Classification TARIFF NO.: 3406.00.0000 Mr. Kevin Maher C-Air Customhouse Freight Forwarders 153-66 Rockaway Boulevard Jamaica, NY 11434 RE: The tariff classification of Style #5210-6124 Color Gear TM Party Pink Cool Candles from China. Dear Mr. Maher: In your letter dated March 19, 1999, on behalf of your client, Roseart Inc, you request a tariff classification ruling. The sample submitted, Style #5210-6124 Color Gear TM Party Pink Cool Candles, consists of a metal candle holder molded in the shape of a heart, a packet of 15 stickers and 4 pink candles measuring approximately 3 1/2" in height and 3/8" in diameter. The applicable subheading for the above described sample will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides 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 on petroleum wax candles from China. The DOC has also determine that candles measuring less than 6" in height and 3/4" in diameter, are household candles and are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the samples are not within the scope of the antidumping duty order. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. 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