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May 28, 1999

CLA-2-34:RR:NC:SP:236 E82150

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of an angel votive candle from China.

Dear Mr. Kelly:

In your letter dated May 24, 1999, on behalf of Fine Arts Marketing, Incorporated of Yardley, Pennsylvania, you request a tariff classification ruling.

The sample that you submit, Item # 1007947 Frosted Angel Votive Candle, is a vanilla spice scented white candle poured into a frosted glass holder that resembles the general outline of an angel. The glass holder measures approximately 1-1/4" in height x 3-3/4" in length x 2-1/2" at its widest point, and is packaged in a cardboard box.

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 Frosted Angel Votive Candle is 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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