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May 3, 1999

CLA-2-34:RR:NC:SP:236 E81069

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Terry Grelle
Worldlink International, Inc.
P.O. Box 895
507 Kresson Road
Voorhees, NJ 08043

RE: The tariff classification of candles from China.

Dear Mr. Grelle:

In your letter dated April 14, 1999, you requested a tariff classification ruling.

The submitted samples are as follows:

1. A pillar candle manufactured with red, white, and green colored swirls to give a candy cane effect. The candle measures approximately 6" in height and 3" in diameter. The candle is wrapped in cellophane and tied at the top with a red ribbon.

2. A votive candle manufactured with red, white, and green colored swirls to give a candy cane effect. The candle measures approximately 1-1/2" in height and 1-1/2" in diameter.

3. An ivory colored pillar candle that is elliptical shaped at the top and bottom and measures approximately 3-1/2" in height and 4-1/2" at its widest point. The candle has straight sides and a printed label on its front with a religious inscription. The label can be removed without damage to the candle. The candle is wrapped in cellophane and tied at the top with gold string.

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 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 above described samples are within the scope of the antidumping 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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