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June 14, 1999

CLA-2-34:RR:NC:SP:236 E82905

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Ginny Poyer
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a gel candle from China.

Dear Ms. Poyer:

In your letter dated May 27, 1999, you request a tariff classification ruling.

The sample that you submit, Item # C05F0265 Fluted Champagne Glass Gel Candle, is a clear gel candle poured into a wine glass. The gel is stated to be made of mineral oil and petroleum jelly. The container measures approximately 4" in height and 2-1/4" in diameter.

The applicable subheading for the sample will be 3406.00.0000, Harmonized Tariff Schedule of the United States (HTS), 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 Fluted Champagne Glass Gel Candle made of mineral oil and petroleum jelly is not 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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