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July 29, 1999

LA-2-34:RR:NC:SP:236 E84815

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Sharon Wong
Premier Candle Corporation
1255 Fewster Drive
Mississauga, ON L4W 1A3
Canada

RE: The tariff classification of candles from China.

Dear Ms. Wong:

In your letter dated July 13, 1999, you request a tariff classification ruling.

You submit the samples described below:

1. Item #07851 Snowflake Floater "Beige" is a beige colored scented candle molded in the shape of a snowflake that measures approximately 1-1/4" in height and 3" across its widest point. The candle is shrink wrapped.

2. Item #21851 Snowflake Floater "Silver Bells (White)" is a white colored scented candle molded in the shape of a snowflake that measures approximately 1-1/4" in height and 3" across its widest point. The candle is shrink wrapped.

3. Item #23851 Snowflake Floater "Red" is a red colored scented candle molded in the shape of a snowflake that measures approximately 1-1/4" in height and 3" across its widest point. The candle is shrink wrapped.

4. Item #22851 Snowflake Floater "Teal Color (Green)" is a green colored scented candle molded in the shape of a snowflake on top of a half shell with scalloped edges that measures approximately 1-1/4" in height and 3" across its widest point. The candle is shrink wrapped.

The applicable subheading for the above described 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, votive; 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. In our opinion, the above described samples are 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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