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January 12, 1999

CLA-2-34:RR:NC:SP:236 D86002

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Ellen Hoffman
Casper Company, LLC
830 Post Road East
Westport, CT 06880

RE: The tariff classification of candles from China.

Dear Ms. Hoffman:

In your letter dated December 11, 1998, you requested a tariff classification ruling.

Pictorial literature was submitted with your letter. Item #7360 consists of four candles that are molded in the shape of tulips, each measuring approximately 6" tall. Item #7361 is a candle molded in the shape of a potted African violet plant measuring 3" tall. Item #7363 is a candle molded in the shape of a potted green- leaved plant measuring 3" tall.

The applicable subheading for the above described items 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. In addition, the DOC has determined that candles molded in the form of certain identifiable objects, such as an animal or a numeral, are not within the scope of the antidumping duty order on petroleum-wax candles from China. In our opinion, the above described items are not within the scope of the antidumping duty 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,

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