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NY 892273




December 1, 1993

CLA-2-38:S:N:N7:238 892273

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Mr. Michael O'Neill
O'Neil & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, MO 64108

RE: The tariff classification of Patio Citronella Candles put up in terra cotta and glazed ceramic pots, from the People's Republic of China

Dear Mr. O'Neil:

In your letter dated November 8, 1993, on behalf of your client, The Home Depot USA, you requested a tariff classification ruling.

The submitted samples consist of citronella candles put up in terra cotta and glazed ceramic pots. They are intended for use as an outdoor illumination insect repellent. The samples are being returned as requested.

The applicable subheading for the subject merchandise 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. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number 1-800-858-7377.

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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