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March 25, 1999

CLA-2-34:RR:NC:2:236 D89191

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Jerry Bruch
Creative Home Decore Inc.
8 Penn Center, 1628 JFK Blvd.
Philadelphia, PA 19103

RE: The tariff classification of Candle from China.

Dear Mr. Bruch:

In your letter dated March 10, 1999, you requested a tariff classification ruling.

The sample submitted is a yellow pillar candle with three wicks and is handpainted with a floral fruit design around its side. The candle measures approximately 8" in height and 6" in diameter. The candle is available in four different seasonal fruit designs.

The applicable subheading for the above describe sample 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. In our opinion, the above sample is 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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