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March 25, 1999

CLA-2-34:RR:NC:2:236 D89128

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Ginny Poyer
ATICO International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of a Christmas star candle, Item C74Q0380, from China.

Dear Ms. Poyer:

In your letter dated March 15, 1999, you requested a tariff classification ruling.

The sample submitted, Item C74Q0380, is a metallic silver colored candle molded in the shape of a five point star. The candle measures approximately 2 1/4" in height and 6 1/2" across from point to point. This item is also available in metallic gold and pearlized.

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 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 sample is not within the scope of the antidumping 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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