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April 22, 1999

CLA-2-34:RR:NC:2:236 D89772

CATEGORY: CLASSIFICATION

TARIFF NO.:3406.00.0000

Mr. Jeffrey Brandenburg
Garden Ridge
19411 Atrium Place, Suite 170
Houston, TX 77084-6099

RE: The tariff classification of Candles from China.

Dear Mr. Branderburg:

In your letter dated March 25, 1999, you request a tariff classification ruling.

The samples submitted are two candles molded in the shape of a green bamboo stalk; one measuring approximately 5 1/2" in height and 3" in diameter and the second measuring approximately 3" in height and 3" in diameter.

The applicable subheading for the above described samples will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides for Candles, taper and the like. The rate of duty will be Free.

The Department of Commerce 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 bamboo stalks, are not within the scope of the antidumping duty order. In our opinion, the above described samples are not within 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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