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NY 870029

January 16, 1992

CLA-2-96:S:N:N1:231 870029


TARIFF NO.: 9613.10.0000

Mr. John Mondry
M and I Importers and Wholesalers
323 Sheridan Avenue
Roselle Park, New Jersey 07204

RE: The tariff classification of a gas fueled non-refillable pocket cigarette lighter from India.

Dear Mr. Mondry:

In your letter dated December 18, 1991 you requested a tariff classification ruling.

The applicable subheading for the gas fueled non-refillable pocket cigarette lighter will be 9613.10.0000, 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 then flints and wicks: pocket lighters, gas fueled, non-refillable. The duty rate will be 10 percent ad valorem.

Articles classifiable under subheading 9613.10.0000, HTS, which are products of India are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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