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July 8, 1999

CLA-2-34:RR:NC:SP:236 E84135

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Stephen W. Marlow
Tower Group International
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of a “Layered Pyramid Candle” from China.

Dear Mr. Marlow:

In your letter dated June 24, 1999, on behalf of your client, Burlington Toiletries of Quebec, Canada, you request a tariff classification ruling.

The sample that you submit, “Layered Pyramid Candle,” consists of a green colored scented candle molded in the shape of a pyramid that measures approximately 3" in height by 1-1/2" across its base.

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 above described 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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