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August 12, 1999

LA-2-34:RR:NC:SP:236 E85505

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Joanne Balice
CBI Distributing Corp.
Claire's Accessories
2400 W. Central Road
Hoffman Estates, IL 60195

RE: The tariff classification of a "Candle on a Stick" from China.

Dear Ms. Balice:

In your letter dated July 23, 1999, you request a tariff classification ruling.

The sample that you submit, Style #83128 "Candle on a Stick," consists of a candle molded in the shape of a large blue colored star decorated with a smaller blue colored wax star molded on one side. The candle is mounted, so that it stands up vertically, on a metal stand with a star shaped base. The large blue colored star measures approximately 3-1/2" in height x 3-1/2" in width (across from point to point) x 3/4" in thickness with the wick at the top point. The small wax star measures approximately 2-1/4" in height x 2-1/4" in width (across from point to point) x 1/4" in thickness. The metal stand measures approximately 7" in height with the base 1/4" in height and 3-3/4" across from point to point.

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. The DOC has also determined that candles molded in the shape of certain recognizable objects, such as an animal or a number, are not within the scope of the antidumping duty order. 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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