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July 13, 1999

CLA-2-34:RR:NC:SP:236 E84292

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a “Dolomite Egg Candle Holder With Candle” from China.

Dear Mr. Hoffacker:

In your letter dated June 30 1999, on behalf of Consolidated Stores of Columbus, Ohio, you request a tariff classification ruling.

The photograph that you submit, Item #M25C116 “Dolomite Egg Candle Holder With Candle,” consists of a candle molded in the shape of an egg, and a dolomite holder that resembles half an eggshell with legs and feet. The candle measures approximately 2-7/8" in height and 1-3/4" in diameter and the eggshell holder measures 2-7/8" in height and 1-15/16" in diameter. You state that the item is shipped as one unit, and that both the candle and holder will be imported in a variety of colors.

The applicable subheading for Item #M25C116 “Dolomite Egg Candle Holder With Candle” 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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