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March 12, 1999

CLA-2-34:RR:NC:2:236 D87100

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Lisa Peterman
The A.W. Fenton Company Inc.
P.O. Box 360614
Columbus, Ohio 43236-0614

RE: The tariff classification of Easter Candles from China.

Dear Ms. Peterman:

In your letter dated February 1, 1999, on behalf of your client, Consolidated Stores Corporation, you requested a tariff classification ruling.

The sample submitted, Item #12743294, consists of 10" candles (approximately 1" in diameter) molded in the shape of a rabbit with elongated ears and a carrot. Each shape of candle is packaged for retail sale in sets of two per package.

The applicable subheading for the above described samples will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides Candles, taper 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 recognizable objects, such as an animal or a number, are not within the scope of the antidumping duty order. In our opinion, the above described samples 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 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,

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