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April 6, 1999

CLA-2-34:RR:NC:2:236 D89201

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Kenneth Chen
Lux International Corporation
20929 Cabot Blvd
Hayward, CA 94545

RE: The tariff classification of Candles from China.

Dear Mr. Chen:

In your letter dated March 3, 1999, you request a tariff classification ruling. You indicate that you intend to import candles in various shapes composed of 80% stearic acid and 20% petroleum wax.

The applicable subheading for candles will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides 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. The DOC has also determined that candles molded in the shape of certain identifiable objects, such as an animal or a numeral and candle made of paraffin blends containing more than 80% beeswax are not within the scope of the antidumping duty order. In our opinion, candles made of 80% stearic acid and 20% petroleum wax are 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.

Sincerely,

Robert B. Swierupski
Director,

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