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NY G84888





December 18, 2000

CLA-2-38:RR:NC:2:238 G84888

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Ms. Jean Fair
Robert Alan Candle Company
14501 Townsend Road
Philadelphia, PA 19154

RE: The tariff classification of Decorative Canister & Citronella Coil (Item #15183), from China

Dear Ms. Fair:

In your letter dated November 20, 2000, you requested a tariff classification ruling.

The submitted sample, referred to as Decorative Canister & Citronella Coil (Item #15183), consists of a citronella coil contained in a decorative canister. The citronella coil, which is light brown in color and sealed in plastic film, is composed of (presumably, by weight) 96% wood (sawdust), 2% adhesive, and 2% oil of citronella. The canister measures ~ 5½” in diameter, and is made of 100% tin. An openwork design on the lid, resembling a butterfly, serves to vent the smoke produced when the coil is lit and allowed to smolder. A very fine wire is permanently attached to and suspended from the bottom portion of the canister. The crisscross pattern formed by the wire serves as a platform upon which the coil rests, thus preventing it (the coil) from coming into contact with the bottom surface of the canister. The item bears an adhesive label showing the country of origin (“Made in China”) and the item number (15183). You state that the canister will also be available in a design resembling a flower, as well as a design resembling a dragonfly. Finally, you indicate that the subject product will be put up for retail sale in packages containing one canister and ten coils.

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." The rate of duty will be 5 percent ad valorem. The rate of duty will remain unchanged in 2001. 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 Pesticide Programs, 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 212-637-7068.

Sincerely,

Robert B. Swierupski

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