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NY 877216


August 19, 1992

CLA-2-38:S:N:N1-F:238 877216

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Ms. Lorraine M. Dugan
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018

RE: The tariff classification of citronella candles, put up in glass holders, from Mexico.

Dear Ms. Dugan:

In your letter dated August 5, 1992, you requested a tariff classification ruling.

The submitted sample, style number LBG-C2, consists of a citronella candle put up in a blown-glass holder with a cobalt- blue rim. The glass holder is approximately 3" in diameter, and is specially shaped to contain the candle. You state that this candle will also be imported in a 5"-diameter version, which is designated as style number LBG-C1. You also state that the citronella candles will be imported put up in 3" and 5"-diameter blown-glass holders without a border on the rim, and are designated as style numbers LBG-2 and LBG-1, respectively. The sample is being returned under separate cover.

The applicable subheading for the four, above-described styles will be 3808.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides, rodenticides, fungicides, ..., put up ... 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.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street SW, Washington, DC 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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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