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May 10, 1999

CLA-2-34:RR:NC:SP:236 E81693

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Jane Nylund
Institutional Financing Services
5100 Park Road
Benicia, CA 94510

RE: The tariff classification of a triangle glass candle from China.

Dear Ms. Nylund:

In your letter dated April 29, 1999, you requested a tariff classification ruling.

The submitted sample consists of a scented candle poured into an open top triangular shaped glass container measuring approximately 3-1/2" in height and 4" on each side.

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 triangle glass 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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