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January 12, 1999

CLA-2-34:RR:NC:SP:236 D86065


TARIFF NO.: 3406.00.0000

Ms. Anna Bolton
Uni-King Marketing Inc.
2770 Steeles Ave. W., Unit 3
Concord, Ontario, L4K 4N5

RE: The tariff classification of candles from China.

Dear Ms. Bolton:

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

Samples submitted with your letter are as follows:

Item nos. 27A1-29 and 27A2 are off-white colored candles poured into gold painted, square-shaped, terracotta containers measuring approximately 3 ½" tall and 3 1/4" square. Item no. 27A1-29 has a lattice design molded around each side; Item no. 27A2 has a molded lattice, diamond, and rose design.

Item no. 16C3 is a white candle molded in the shape of a seated bear reading a book. The bear’s sweater, pants and book are painted with metallic paint. The bear measures approximately 5 ½" tall and 3" at its base.

The applicable subheading for the above described 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 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. In addition, the DOC has determined that candles molded in the form of certain identifiable objects, such as an animal or a numeral, are not within the scope of the antidumping duty order on petroleum-wax candles from China. In our opinion, Item no. 16C3, is not within the scope of the antidumping duty order.

Item nos. 27A1-29 and 27A2 are 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.


Robert B. Swierupski

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