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NY K88037




August 17, 2004
CLA-2-96: RR: NC: 2:231 K88037

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 an electrical lighter from China.

Dear Mr. Posner:

In your letter dated July 22, 2004, on behalf of your client, Ace Products USA, Inc., Lawrenceville, NJ, you requested a tariff classification ruling.

The merchandise, identified as “Candle Mate,” product # 20922, is a refillable, butane gas lighter with electronic ignition. This lighter is in the form of a cylindrical, oval-shaped rod, approximately 7 inches in length and ¾ inch at its widest diameter. A child- resistant plastic ignition switch is positioned in the middle, along the length of the cylinder. The lighter nozzle is situated at one end of the rod and, at the other, a butane reservoir with a flame adjustment mechanism. 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 resistant plastic ignition switch forward to ignite the lighter. The lighter has a variety of indoor and outdoor uses. For example, it may be used to light fireplaces, votives, incense and candles.

The applicable subheading for “Candle Mate,” product # 20922, 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).

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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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