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NY D84583

December 10, 1998

CLA-2-34:RR:NC:2:236 D84583


TARIFF NO.: 3406.00.0000

Mr. Anthony Mok
Uni-King Marketing Inc.
2770 Steeles Ave. W., Unit 3
Concord, Ontario. L4K 4N5

RE: The tariff classification of Candles from China .

Dear Mr. Mok:

In your letter dated November 6, 1998, you requested a tariff classification ruling.

The samples submitted are as follows:

Item 16C29 is candle molded in the shape of seven six-point stars stacked on top of one another and is painted silver and gold. The candle measures approximately 3 1/2" in height and 4 3/4" at the widest point of its base.

Item 16C10-A is candle molded in the shape of soldier and measures approximately 11 1/2" in height and 2" in diameter.

Item 16C43 consists 24 miniature tealite candles, each molded in the shape of a pinecone. Each measures approximately 2 1/2" in height and 1 1/2" in diameter.

The applicable subheading for the above describe samples 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 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 samples are 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 212-466-5744.


Robert B. Swierupski

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