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NY 874763


May 28, 1992

CLA-2-38:S:N:N1-F:238 874763

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Ms. Virginia Garcia
Westwood International
2274 Davis Avenue
Hayward, CA 94545-1114

RE: The tariff classification of Citronella Votive Candles and Citronella Garden Torches from China.

Dear Ms. Garcia:

In your letter dated May 13, 1992, you requested a tariff classification ruling.

The submitted samples consist of Citronella Votive Candles and Citronella Garden Torches, both of which, you state, are only for outdoor use to repel insects. The candles are approximately 1 1/2 " high by 1 1/2 " in diameter, lemon scented, and put up in packages of four. The torches are approximately 27" long, have a bamboo shaft, and resemble a miniature baseball bat in appearance. They are put up in packages of three.

The applicable subheading for these two products will be 3808.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides, ... , put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): insecticides: other: other: other. The rate of duty will be 5 percent ad valorem.

With respect to your inquiry as to whether these items are subject to antidumping duty, please be advised that this office is not authorized to rule on this matter. For a ruling on this matter, you should contact:

Director, Commercial Rulings Division
Office of Regulations and Rulings
U.S. Customs Service Headquarters
Washington, D.C. 20229.

This merchandise may be subject to the regulations of the Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 382- 2090.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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