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March 24, 1999

CLA-2-34:RR:NC:2:236 D88312

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Mark E. Pardo
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of Candles from China.

Dear Mr. Pardo:

In your letter dated February 18, 1999, on behalf of your client, Rite Lite, Ltd., you requested a tariff classification ruling.

The samples submitted are as follows:

Style No. C-1/C-2 is a rose colored candle measuring approximately 3 3/4" in height and 3/8" in diameter.

Style No. C-4/BW or/M is a rose and pink colored candle measuring approximately 4 1/4" in height and 3/8" in diameter.

In your letter you refer to these candles as Chanuka candles.

The applicable subheading for the above describe samples 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 petroulem wax candles from China. In our opinion, the 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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