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NY D84945




December 9, 1998

CLA-2-38:RR:NC:2:238 D84945

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Ms. Maria D. Cimino
Customs Manager
Geologistics Americas Inc.
310 McClellan Highway
East Boston, MA 02128

RE: The tariff classification of ThermaCELL Mosquito Repellent from Italy

Dear Ms. Cimino:

In your letter dated November 18, 1998, you requested a tariff classification ruling on behalf of your client, The Schawbel Corporation. A sample was submitted.

The subject merchandise, ThermaCELL Mosquito Repellent, consists of a reusable, cordless, portable appliance, made primarily of plastic, a 12 gram butane cartridge, and three 0.08 ounce insect repellent mats, a formulated pesticide with 21.97% d-allethrin and 78.03% inerts. All components are presented together in a package for retail sale.

The appliance measures approximately 18 cm in length, 7 1/2 cm in width, and 4 cm in depth. It is essentially of plastic construction, but contains a metallic heating element which is covered by a black grill. A repellent mat is inserted between the grill and the heating element with the on/off switch in the off position. The appliance is opened from the bottom and the butane cartridge is inserted by screwing it into the appliance opening. The appliance is then turned on to begin the butane flow. After waiting a few seconds, a start button (igniter) is depressed to ignite the butane and begin the heating process. Verification of operation is done through a small lens at the end of the appliance. The appliance is then placed on a flat, stable surface with the grill-side up. The heat warms the repellent mat to create a mosquito repellent vapor which covers an area of approximately 225 square feet. The product is intended for outdoor use only. The replaceable butane cartridge provides 8 to 12 hours of fuel. The repellent mats provide up to 4 hours of effective coverage.

The active insecticide ingredient utilized in the ThermaCELL device is d-allethrin (CAS# 584-79-2), chemical name cyclopropanecarboxylic acid, 2,2-dimethyl-3-(2-methyl-1-propenyl)-. This is a non-aromatic insecticide indicated in the Farm Chemicals Handbook 98 for flying and crawling insect control for household and industrial locations and outdoor use. The mosquito mats are a formulation of d-allethrin. The ThermaCELL device has one function only- to deliver the repellent ingredient of the mats as a vapor to the immediate environment.

The applicable subheading for the ThermaCELL Mosquito Repellent device using d-allethrin as the active ingredient will be 3808.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[i]nsecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): [i]nsecticides: [o]ther: [o]ther: [o]ther." 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 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 Harvey Kuperstein at 212-466-5770.

Sincerely,

Robert B. Swierupski
Director,

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