United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G81295 - NY G81343 > NY G81321

Previous Ruling Next Ruling
NY G81321




September 18, 2000

CLA-2-70:RR:NC:2:226 G81321

CATEGORY: CLASSIFICATION

TARIFF NO.: 7013.99.9000, 7013.99.5000, 9405.50.4000, 3808.10.5000

Ms. Alice Liu
Atico International U.S.A., Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of two decorative glass articles, one non-electrical glass candle lamp and three citronella oil poured wax candles with a glass holder from China and/or Taiwan

Dear Ms. Liu:

In your letter dated August 29, 2000, you requested a tariff classification ruling. Four representative samples were submitted and will be returned to you as requested.

The first sample (item #W26I4021) is a four-paneled stained glass article that measures four inches square by eight inches in height. The edges and sides are framed with metal channeling. One of the glass panels features a flower motif and one panel has a hinged opening. Attached to the top of the article is a metal chain that can be used to hang the item. You indicated that the unit value of this item is $5.31 and the country of origin is China.

The second sample (item #W29I7262) is a frosted amber-colored rectangular-shaped glass article that measures approximately four inches in width by six inches in length and one inch in depth. You indicated that the unit value of this item is $1.55 and the country of origin is Taiwan.

The applicable subheading for the stained glass article (item #W26I4021) will be 7013.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes: other glassware: other: other: other: valued over $5 each. The rate of duty will be 7.2 percent ad valorem. The applicable subheading for the rectangular-shaped glass article (item #W29I7262) will be 7013.99.5000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes: other glassware: other: other: valued over $0.30 but not over $3 each. The rate of duty will be 30 percent ad valorem.

The third sample (item #W26I4016) is a cube-shaped stained glass non-electrical candle lamp that measures three inches square by two and one-half inches in height. A removable four-sided stained glass lampshade measuring three inches in height is included with the item. The edges and sides of the cube-shaped glass candle lamp and the glass lampshade are framed with metal channeling. You indicated that the country of origin of this item is China.

The applicable subheading for the stained glass non-electrical candle lamp (#W26I4016) will be 9405.50.4000, HTS, which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

The last sample (item #W29I7241) is a set that consists of a clear glass holder containing three flowerpot-shaped frosted glass holders of equal size. Each “flowerpot” measures two inches in height and two inches in diameter at the opening and is filled with citronella oil poured wax. You indicated that the country of origin of this item is China.

The applicable subheading for the three citronella oil poured wax candles and glass holder will be 3808.10.5000, 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.

Pesticidal products containing citronella oil are exempt from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), provided that all the criteria of Title 40 CFR (Code of Federal Regulations), Part 152 (g) are met. These criteria include labeling the products to identify the citronella oil by name and percentage (by weight), and the name(s) of each inert ingredient. For further guidance, you may contact the U.S. Environmental Protection Agency (EPA), Office of Pesticides Programs at 401 M Street, S.W., Washington, D.C. 20460, telephone number (703) 305-7092.

Customs’ classification of citronella oil, poured-wax candles as a pesticidal device does not preclude a possible finding of dumping under the Antidumping Duty Order on Petroleum Wax Candles from the People’s Republic of China (Antidumping Case # A570-504). However, the Department of Commerce has determined that citronella candles and citronella-scented candles, labeled for outdoor use only, are not within the scope of the antidumping duty order. Should you require a scope ruling, you may contact the U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230, telephone number (202) 482-1374.

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 Jacob Bunin at 212-637-7074.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: