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May 3, 1999

CLA-2-34:RR:NC:SP:236 E80991

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph A. Arria
Syratech Corporation
175 McClellan Highway
P.O. Box 9114
East Boston, MA 02128-9114

RE: The tariff classification of a candle from China.

Dear Mr. Arria:

In your letter dated April 20, 1999, you requested a tariff classification ruling on behalf of International Silver Company.

The sample submitted, Style # 14037-5, is a scented pillar shaped petroleum wax candle with three wicks. The candle measures approximately 6" in height and 6" in diameter and is decorated with wax shells and sea horses molded to the sides. The wax shells and sea horses cannot be removed without damage to the candle.

The applicable subheading for the sample will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides for Candles, tapers 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. In our opinion, the sample candle 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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