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NY L89036




December 8, 2005

CLA-2-38:RR:NC:2:238 L89036

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Ms. Darlene D. Jones
Schenker Stinnes Logistics
192 Ballard Court, Suite 200
Virginia Beach, VA 23462

RE: The tariff classification of Mosquito Block™ Candles from China

Dear Ms. Jones:

In your letter dated November 25, 2006, on behalf of your client, BernzOmatic®, you requested a tariff classification ruling.

The submitted sample, consists of a transparent plastic container enclosing two, white-colored, wax candles resting on a black plastic base (“tray”). A printed package insert, made of paperboard, is also enclosed in the container. Each candle contains (by weight) 3.5% linalool [CAS No. 78-70-6, a terpene alcohol and the chief constituent of linaloe oil (an essential oil)], as the active ingredient. The candles, each measuring 2” in diameter by 3” in height, have a foil label attached to the bottom indicating, among other things, that they are “FOR OUTDOOR USE ONLY.” According to the package insert, the smoke plume produced when the candle is lit inhibits the tracking receptors of mosquitoes, thereby blocking their ability to find people.

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 (for example, sulfur-treated bands, wicks and candles, and flypapers): Insecticides: Other: Other: Other.” The rate of duty will be 5 percent ad valorem.

For the record, we note that - unlike citronella and citronella oil - linalool (the active ingredient in the subject candles) is not listed in Appendix A to section 152.25(g) of Title 40 of the Code of Federal Regulations (“Active Ingredients Which May Be in Minimum Risk Pesticide Products Exempted under section 25(b) of FIFRA”). Accordingly, this merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-2090.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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