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February 17, 1999

CLA-2-34:RR:NC:2:236 D86138

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Peter D. Alberdi
A.J. Arango, Inc.
P.O. Box 75062
Tampa, Florida 33675-5062

RE: The tariff classification of candles from China.

Dear Mr. Alberdi:

In your letter dated December 16, 1998, on behalf of your client Edward Rodriguez and Co., you requested a tariff classification ruling.

The samples submitted are as follows:

1. Blue Candle with Seashells consists of a blue pillar type candle inlaid with seashells and starfish. This candle measures approximately 3" in height and 3" in diameter, and is packaged in plastic with a ribbon and bow.

2. Candle In Tulip Shape Glass Vase consist of green candle poured into a glass container. The container measures approximately 5" in height, 6" in diameter at the top, and 2 1/2" in diameter at the base. The container is scalloped at the top, to appear as petals on a tulip, and flat at the bottom.

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 our opinion, the samples are 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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