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NY B89331





September 23, 1997

CLA-2-38:RR:NC:2:238 B89331

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Mr. Yves de Diesbach
6000 Sugar Hill #6
Houston, TX 77057

RE: The tariff classification of citronella stickers from Italy

Dear Mr. de Diesbach:

In your letter dated August 28, 1997, you requested a tariff classification ruling.

The submitted sample consists of paperboard cards, each of which contains six, detachable stickers. Each sticker measures 1" x 3/4", and has an outer layer composed of green-colored paper. Each sticker contains 60 mg of micro-encapsulated citronella oil, which is "sandwiched" between the (outer) paper layer and the adhesive backing. The stickers are indicated for indoor or outdoor use to repel insects. They may also be placed upon one's skin or clothing. After application, the paper layer is scratched in order to release the insect-repelling vapor produced by the citronella oil. The stickers will be put up in small packages for retail sale.

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 (for example, sulfur-treated bands, wicks and candles, and flypapers): Insecticides: Other: Other: Other." The rate of duty will be five percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. 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,

Robert B. Swierupski

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