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June 25, 1999

CLA-2-34:RR:NC:SP:236 E83631

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Sherry Yu
Sino Pacific Customs Brokerage, Inc.
401 Broadway, Suite 501
New York, NY 10013

RE: The tariff classification of “Candles in Earthen Shells” from China.

Dear Ms.Yu:

In your letter dated June 18, 1999, on behalf of Shenny Enterprises, Inc. of Lodi, New Jersey, you request a tariff classification ruling.

The sample that you submit is of a candle in an “earthen shell.” It consists of a blue colored scented candle poured into an earthenware cup-like white shell with painted white and blue flowers and green leaves. The shell measures approximately 3" in height and 2-1/2" in diameter.

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 is within the scope of the antidumping 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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