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NY A85003




July 3, 1996

CLA-2-38:RR:NC:FC:238 A85003

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Mr. Ben Apolinario
Dalton International Limited
104 Delaware Avenue
Olyphant, PA 18447

RE: The tariff classification of: Citronella Filled Candle Jar in Wire Rack; Citronella Filled Candle Jar in Wire/Fern Rack; and Citronella Filled Candle Jar in Wire/Rattan Rack from China

Dear Mr. Apolinario:

In your letter dated May 20, 1996, you requested a tariff classification ruling.

The submitted sample consists of a citronella candle in a glass jar, which, in turn, is contained in a wire rack. The rack, which serves as a carrier for the candles, has a handle and is divided into two compartments. The bottom of the rack and part of the handle are covered with rattan. Although only one candle was submitted as part of the sample, you have indicated, in a telephone conversation with a member of my staff, that the imported product will actually contain two candles (i.e., one for each compartment). You also indicate in your letter that the this product will be imported in two other versions, namely: with a plain wire rack (i.e., no covering material), and with a wire/fern rack.

The applicable subheading for all three 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. 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, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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 Cornelius Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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