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July 15, 1999

CLA-2-34:RR:NC:SP:236 E84423

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Jane Nylund
Institutional Financing Services
5100 Park Road
Benicia, CA 94510

RE: The tariff classification of candles from China.

Dear Ms. Nylund:

In your letter dated July 1, 1999, you request a tariff classification ruling.

You submit the samples described below:

1. Article #6096 “Gold Triangle Angel Candle” is a gold and white colored candle molded in the shape of three angels standing wing-to-wing in a triangle. The candle measures approximately 4-1/4" in height and 4-1/4" at the widest point across the base.

2. “Glitter ‘N Glow Ceramic Star Candles Set of 2" consists of two white colored candles with silver glitter poured into two star shaped terra cotta containers outlined with silver glitter. The silver and white colored containers measure approximately 1-1/2" in height and 4-1/4" from point to point. The two candles are packaged together for retail in a cardboard box.

The applicable subheading for the samples 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, Article #6096 “Gold Triangle Angel Candle” is not within the scope of the antidumping duty order on petroleum wax candles from China. “Glitter ‘N Glow Ceramic Star Candles Set of 2" 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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