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NY 817636

December 22, 1995

CLA-2-38:RR:NC:FC:238 817636


TARIFF NO.: 3808.10.5000

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE:The tariff classification of "Watermelon Citronella Picnic Candle Assortment" from China

Dear Ms. Aldinger:

In your letter dated December 12, 1995, you requested a tariff classification ruling.

The submitted sample, "Watermelon Citronella Picnic Candle Assortment", designated as Rite Aid item #961356, consists of three, identical, citronella-scented wax candles resembling watermelon. Each candle is contained in an aluminum foil cup, and is put up for retail sale in packages containing three candles. You indicate in your letter that these candles are for outdoor use only.

The applicable subheading for the submitted sample 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 ... : Insecticides: Other: Other: Other." The rate of duty will be 5 percent ad valorem. The rate of duty in 1996 will also be 5 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

This ruling is being issued under the provisions of Section 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 C. Reilly at 212-466-5770.


Roger J. Silvestri

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