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August 6, 1999

LA-2-34:RR:NC:SP:236 E84221


TARIFF NO.: 3406.00.0000

Mr. Alan Groner
AAA Customs Brokers
2571 Busse Road, #303
Elk Grove Village, IL 60007

RE: The tariff classification of a "Xmas Log Candle" from China.

Dear Mr. Groner:

In your letter dated July 29, 1999, on behalf of Primark International LTD. of Chicago, Illinois, you request a tariff classification ruling.

The sample that you submit, Item #DN-99106-1 "Xmas Log Candle", is a red colored pillar candle that measures approximately 6-3/4" in height and 6" in diameter. The candle is decorated with 20 pieces of tree bark, each measuring approximately 6-3/4" in height x 7/8" in width x 1/2" in thickness, nailed into the candle to cover its side completely.

The applicable subheading for the sample 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, Item #DN-99106-1 "Xmas Log Candle" is 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.


Robert B. Swierupski

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