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NY L82176




January 27, 2005

CLA-2-69:RR:NC:1:126 L82176

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000, 3808.10.5000, 9405.50.4000

Ms. Lisa Zwaga
Lamplight Farms, Inc.
4900 North Lilly Road
Menomonee Falls. WI 53051-7035

RE: The tariff classification of two ceramic articles, one scented citronella candle in a ceramic pot and one ceramic oil lamp from China, Taiwan or Vietnam

Dear Ms. Zwaga:

In your letter dated December 28, 2004, you requested a tariff classification ruling. Four representative samples and photographs depicting the items you wish to import were submitted with your ruling request. The samples are being returned.

The submitted sample, designated in your letter as Sample “A”, is a blue glazed, flowerpot-shaped ceramic (non-porcelain) article. The measurements are approximately 3 ½ inches in height by 4 ¾ inches in diameter at the opening and 4 inches in diameter at the base. The item will be imported in three colors: blue, yellow and green.

The submitted sample, designated in your letter as Sample “C”, is a ceramic (non-porcelain) article that measures approximately 3 ½ inches in height by 4 ½ inches in diameter at the opening and 4 inches in diameter at the base. The exterior surface is painted in a tan distressed finish.

The applicable subheading for Sample “A” and Sample “B” will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornamental ceramic articles: other: other: other. The rate of duty will be 6 percent ad valorem.

The submitted sample, designated in your letter as Sample “B”, consists of a scented citronella candle put up in a ceramic pot. A circular paperboard label affixed to the top surface states (among other things) that the candle is “for outdoor use only.”

The applicable subheading for Sample “B” (scented citronella candle in ceramic pot) 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 articles 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 product to identify the citronella oil, by name and percent by weight, and the name(s) of each inert ingredient. For further guidance, you should contact the U.S. Environmental Protection Agency (EPA). Office of Pesticide Programs, at 401 M Street, S.W., Washington, DC 20230, telephone number 202-482-1374.

Customs’ classification of candles containing citronella, as a pesticidal article, 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, DC, 20230, telephone number 202-482-1374.

The submitted sample, designated in your letter as Sample “D”, is a ceramic (non-porcelain) oil lamp that measures approximately 4 ¼ inches in height and 6 inches in diameter. The item is designed with a brown metal cover that cannot be removed. A twist-lock metal cap, which is attached to the metal cover, is designed to accommodate a 6-inch fiberglass wick. A metal chain with snuffer is also attached to the metal cover. You stated in your letter that this item will be imported without the oil.

The applicable subheading for the ceramic oil lamp will be 9405.50.4000, HTS, which provides for non-electrical lamps and lighting fittings: other: other. The rate of duty will be 6 percent ad valorem.

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 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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