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February 16, 1999

CLA-2-34:RR:NC:2:236 D83689


TARIFF NO.: 3460.00.0000

Mr. Kevin S. McDowell
I.F. Productions, Inc.
1135-13700 Mayfield Place
Richmond, British Columbia V6V-2E4 Canada

RE: The tariff classification of Gel Lights from China.

Dear Mr. McDowell:

In your letter dated October 16, 1998, you requested a tariff classification ruling.

The sample submitted, Item #10012 Glass Filled Gel Light, consists of four glass containers, each molded in the shape of a bear and each filled with scented gelled mineral oil and a wick. The containers measure approximately 2" x 3/4" x 2".

The applicable subheading for the above described 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. It was determined that the above described sample containers contain no paraffin (petroleum) wax. Therefore, in our opinion, the sample 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 212-637-7062.


Robert B. Swierupski

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