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NY A88350




October 17, 1996

CLA-2-38:RR:NC:2:238 A88350

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Angel L. Cooper
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: The tariff classification of Fly Free Insect Repellent, put up in 2 oz. plastic jars, from China

Dear Ms. Cooper:

In your letter dated October 3, 1996, on behalf of your client, Black Arrow Inc., you requested a tariff classification ruling.

The submitted sample, Fly Free Insect Repellent, consists of a small plastic jar, filled with a white, wax-like substance consisting of (according to the product label) 15% oil of citronella (by weight). The product is applied externally, as a thin film on exposed skin surfaces, to repel flies and mosquitoes.

The applicable subheading for the subject product 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 ... : Insecticides: Other: Other: Other." The rate of duty will be five percent ad valorem.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092. 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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