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NY B87706




August 6, 1997

CLA-2-38:RR:NC:2:238 B87706

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Mr. William Velasquez
Endar Corporation
43195 Business Park Drive
Temecula, CA 92590-3697

RE: The tariff classification of Florasense incense sticks and citronella garden lites from China

Dear Mr. Velasquez:

In your letter dated July 11, 1997, you requested a tariff classification ruling.

The first two products, referred to as Florasense Mulberry Citronella Yard Scents (Item #11484) and Florasense Incense Sticks (Item #11465), respectively, are incense sticks treated with citronella and fragrance. They are used to repel flying insects while, at the same time, releasing a pleasant fragrance. The Yard Scents incense sticks, which are indicated for outdoor use, are approximately 19" long and are put up in polybags containing five sticks per bag. The Florasense Incense Sticks, which are indicated for indoor use, are 10" long and put up in paperboard packages containing 20 sticks per package. The third item, referred to as Citronella Mulberry Medley (Item #6024), consists of a torch, measuring approximately 35" in length, which is used to repel flying insects outdoors. The last item, Citronella Fragrant Freesia (Item #6005), is a smaller (i.e., 10" long) version of Item #6024, also for outdoor use.

The applicable subheading for all four items 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 requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. 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,

Gwenn Klein Kirschner

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