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January 20, 1999

CLA-2-34:RR:NC:2:236 D85699

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Anna Bolton
Uni-King Marketing Inc.
2770 Steeles Ave. W., Unit 3
Concord, Ontario L4K 4N5

RE: The tariff classification of Candles from China.

Dear Ms. Bolton:

In your letter dated December 15, 1998, you requested a tariff classification ruling.

The samples submitted are as follows:

Item #16C45- 8.5" Stacked Snowmen- consists of a candle molded in the shape of three snowmen stacked one on top of another. The candle measures approximately 8 1/2" in height and 3" in diameter at its base.

Item #16C46- 8.5" Santa With Tree- consists of a candle molded in the shape of a small Santa standing on a ladder decorating a Christmas tree, and a Santa leaning on the tree. The candle measures approximately 8 1/2" in height and 3" in diameter at its base.

Item #16C47- 8" Santa With Lamp- consists of a candle molded in the shape of a Santa with a bag of gifts on his back, holding a rabbit and a cane. The candle measures approximately 8 1/2" in height and 3" in diameter at its base.

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 on petroleum wax candles from China. The DOC has also determined that candles molded in the shape of certain identifiable objects, such as an animal or a numeral, are not within the scope of the antidumping duty order. In our opinion, all of the above described samples are not within the scope of the antidumping duty order on petroleum wax candles for 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 V. Gualario at 212-466-5744.

Sincerely,

Robert B. Swierupski
Director,

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