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June 17, 1999

CLA-2-34:RR:NC:SP:236 E83310


TARIFF NO.: 3406.00.0000

Ms. Lydia Arce
Sterling Promotional Corporation
2 Gannett Drive
White Plains, NY 10604

RE: The tariff classification of a leaf shape candle from China.

Dear Ms. Arce:

In your letter dated June 3, 1999, you request a tariff classification ruling.

The sample submitted, “Maple Leaf,” is an orange and red colored candle molded in the shape of a maple leaf. It measures approximately 3-1/4" across its widest point and 1" thick and has a red stem.

The applicable subheading for the “Maple Leaf” candle 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 number, are not within the scope of the antidumping duty order on petroleum wax candles from China. In our opinion, the “Maple Leaf” candle is not within the scope of the antidumping 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.


Robert B. Swierupski

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