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NY N026024




April 25, 2008

CLA-2-38:OT:RR:E:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.91.5000

Mr. Christopher DePan
Kamino International Transport
1370 Thorndale Ave
Elk Grove Village, IL 60193

RE: The tariff classification of ThermaCELL® Mosquito Repellant Lantern and Refill Kits from Thailand and the Philippines

Dear Mr. DePan:

In your letter dated April 10, 2008, on behalf of Schawbel Corporation, you requested a tariff classification ruling.

Based on your submitted information, the ThermaCELL® Candle Lantern is a mosquito repellent device. It consists of a two-part plastic lantern housing designed to hold a ThermaCELL® mosquito repellent mat and a 13.4 gram votive candle in aluminum housing. The lantern will be retail packed with the mats and the candles. You indicate that separate refill kits will also be imported. The refill kits will contain three repellent mats and three candles.

The lantern device utilizes the active ingredient known as allethrin. It belongs to a class of materials called pyrethroids, which are synthetic analogs of pyrethrin, a naturally occurring insecticide found in certain types of chrysanthemums (pyrethrum flowers).  Allethrin is a non-aromatic organic insecticide. The allethrin is formulated with about 22 per cent allethrin and 78 per cent inerts.  The mats are saturated with this formulation.  When the mats are heated by the candle, it causes the allethrin to "volatilize", which is similar to evaporation. The volatilized allethrin forms a zone of protection around the unit.  The amount of active ingredient (0.018 oz. on the mat) that is released is small - not enough to kill mosquitoes, but enough to repel them. The mosquito repellent lantern is designed to be used only in a backyard/outdoor setting.

The applicable subheading for both the ThermaCELL® Mosquito Repellant Lantern and the Refill Kits will be 3808.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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 merchandise may be subject to the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which is administered by the Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703)305-7092. 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
Director,

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