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NY M87242




November 8, 2006

CLA-2-96: RR: NC: SP: 231 M87242

CATEGORY: CLASSIFICATION

TARIFF NO.: 9613.80.2010; 8213.00.9000; 7326.20.0070; 7310.29.0050; 5603.12.0010

Mr. Ryan Bonham
CleanCut, LLC
4221 South 500 West
Salt Lake City, UT 84123

RE: The tariff classification of a candle care kit from China.

Dear Mr. Bonham:

In your letter dated October 10, 2006 you requested a tariff classification ruling.

The merchandise consists of a metal box that is approximately 11-¼” (L) x 4-½” (W) x 2-½” (D) with a clear plastic top panel 10.0” (L) x 3-¼” (W), containing a 7-¼” wick dipper, 6-½”, a metal wick trimmer, a 10-¾” refillable piezoelectric butane lighter and 5 candle wipe towellettes (2.0 ounces net each). The disposable towellettes appear to be of a non-woven man-made fiber construction. According to the directions on the package, they are designed to wipe away soot and any other buildup formed by candle by-products.

The applicable subheading for the metal box will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tanks, casks, drums, cans, boxes and similar containers, for any materialof iron or steel, of a capacity not exceeding 300 litersof a capacity of less than 50 liters, other, other. The rate of duty will be Free.

The applicable subheading for the metal wick dipper will be 7326.20.0070, (HTSUS), which provides for other articles of iron or steel, articles of iron or steel wire, other. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the metal wick trimmer will be 8213.00.9000, (HTSUS), which provides for scissors, tailors’ shears and similar shears, and blades and other base metal parts thereof: valued over $1.75/dozen: other (including parts). The rate of duty will be 3¢ each, plus 3% ad valorem.

The applicable subheading for the candle wipes will be 5603.12.0010, (HTSUS), which provides for non-wovens whether or not impregnated, coated, covered or laminated, weighing more than 25 g/m² but not more than 70 g/m², impregnated, coated, covered or laminated with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The duty rate will be Free.

The applicable subheading for the refillable piezoelectric butane lighter, will be 9613.80.2010, (HTSUS), 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 those 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

You have advised this office by telephone that another version of this kit will also be imported. This kit will be identical to the version described above, except the refillable piezoelectric butane lighter will be excluded. In that instance, the imported components will again be classified in their respective provisions as indicated.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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