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NY C89811

July 23, 1998

CLA-2-34:RR:NC:SP:236 C89811


TARIFF NO.: 3406.00.0000

Nellie Liu


Candle Corp.

1255 Fewster Drive

Mississauga, Ontario, L4W 1A3

RE: The tariff classification of a candle from China.

Dear Ms. Liu:

In your letter dated July 2, 1998, you requested a tariff classification ruling.

The submitted sample, a Bottle Looked Candle, is a scented, light green colored pentagon shaped candle, with a single wick protruding from the top point. It measures 3 1/2 inches tall, 4 inches at its widest point and 2" thick.

The applicable subheading for the above described 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 1.2 percent ad valorem.

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 candles molded in the form of certain recognizable objects are not within the scope of the antidumping duty order. In our opinion, the sample candle is not within the scope of the antidumping duty order.

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 212-466-5744.


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