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NY E87242




October 6, 1999

LA-2-34:RR:NC:SP:236 E87242

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Jerry Bruch
American Distribution Company
8 Penn Center, 1628 JFK Blvd.
Philadelphia, PA 19103

RE: The tariff classification of a "Candle In A Can" from China.

Dear Mr. Bruch:

In your letter dated September 17, 1999, you request a tariff classification ruling.

The sample that you submit, "Candle In A Can", consists of a scented blue colored candle poured into an aluminum soda can that measures approximately 4-1/2" in height and 2-1/2" in diameter and has a removable lid.

The applicable subheading for the "Candle In A Can" 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 has determined that petroleum wax candles in the following shapes: tapers, spirals, and straightsided dinner candles; rounds, columns, pillars, votives; and various waxfilled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the "Candle In A Can" is within the scope of the antidumping duty order on petroleum wax candles from China. The rate applicable to candles under Antidumping Duty Order A-570-504 is now 54.21 percent.

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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