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NY K87512




July 1, 2004
CLA-2-96:RR:NC:2:231 K87512

CATEGORY: CLASSIFICATION

TARIFF NO.: 9613.80.2010

Mr. Herbert Posner, Esq.
Weltz and Posner
32 Woodland Drive
East Windsor, NJ 08520

RE: The tariff classification of electrical lighters from China.

Dear Mr. Posner:

In your letter, dated June 25, 2004, on behalf of your client, Ace Products USA, Inc., Lawrenceville, NJ, you requested a tariff classification ruling.

The merchandise, items PL-799, PL-853, and PL-856, is comprised of refillable, butane gas lighters with electronic ignition. Items PL-799, PL-853, and PL-856 measure 10 ½, 11 ½, and 12 inches in length, respectively. Each lighter has a steel nozzle and a plastic handle. The handle houses a refillable, butane gas cartridge and it also has an ignition trigger, a safety switch, and a flame adjustment lever. Each lighter is packed in a plastic blister pack with a cardboard back. The rear of the packing indicates directions for use and safety instructions. During use the operator pushes the child safety lock forward and depresses the ignition trigger. The lighters have a variety of indoor and outdoor uses. For example, they may be used to light fireplaces, barbecue grills, gas ranges, and candles.

The applicable subheading for electrical lighters will be 9613.80.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for cigarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof other than flints and wicks, other lighters, other, electrical, multipurpose lighters, including hose used to light charcoal and gas grills and fireplaces. The rate of duty will be 3.9 percent ad valorem.

Lighters that are shipped full of gas are regulated both by the Consumer Product Safety Commission (CPSC) and the Department of Transportation (DOT).

For information regarding the laws and regulations administered by the Consumer Product Safety Commission, you may write to:

Mr. Joseph Vogel
Consumer Product Safety Commission
Office of Compliance
4330 East West Highway
Bethesda, MD 20814-4408

For information regarding the laws and regulations administered by the Department of Transportation, you may write to:

Mr. James Enoch Jones
Department of Transportation
Office of Hazardous Materials Exemptions and Approvals 400 7the Street SW
Washington, DC 20590

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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