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May 13, 1999

CLA-2-34:RR:NC:SP:236 E81588

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Christopher R. Golden
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a six bulb candle from China.

Dear Mr. Golden:

In your letter dated May 6, 1999, on behalf of your client, Gerson Company of Mission, Kansas, you requested a tariff classification ruling.

The submitted sample consists of six scented pear shaped wax bulbs connected in a line from top to bottom by one wick running through the middle of each bulb. Each bulb measures approximately 1-1/2" in height and 1-1/2" in diameter at its widest point.

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 (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 addition, the DOC has determined that candles molded in the form of certain identifiable objects, such as an animal or a number, are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the sample is not within the scope of the antidumping duty order on petroleum wax candles from China. 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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