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May 12, 1999

CLA-2-34:RR:NC:2:236 D84138

CATEGORY: CLASSIFICATION

TARIFF NO.:3406.00.0000

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Rd.
Hoffman Estates, IL 60195-1930

RE: The tariff classification of Gel Candle from China.

Dear Ms. Balice:

In your letter dated October 21, 1999, you request a tariff classification ruling.

The sample submitted consists of a scented purple gel candle poured into a small glass measuring approximately 2 1/2" in height and 2 3/4" in diameter. It is stated to contain 20% paraffin wax.

The applicable subheading for the sample will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides for Candles, taper 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 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 our opinion, the 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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