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NY C86913

April 27, 1998

CLA-2-96:RR:NC:2:231 C86913


TARIFF NO.: 9613.10.0000; 9613.80.2000

Mr. Richard Ambrose, Jr.
F.J. Neil Company, Inc.
1064 Route 109
Box 617
Lindenhurst, NY 11757-0617

RE: The tariff classification and country of origin marking of electrical lighters and igniters from Taiwan.

Dear Mr. Ambrose:

In your letter, dated April 13, 1998, you have requested a tariff classification ruling.

The product, "Butane Mini Torch," is comprised of two pieces. The "Butane Mini Torch" is a compact butane torch that is powered by "Iroda" RC-30, a separate, disposable butane cartridge. The mini torch has a piezoelectric ignition system with safety lock flame. A sample has been submitted with your letter for review.

The applicable subheading for the igniter, "Iroda" RC-30, 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 than flints and wicks, pocket lighters, gas fueled, non-refillable. The rate of duty will be 8.4 percent ad valorem.

The applicable subheading for the "Butane Mini Torch" will be 9613.80.2000, HTS, which provides for cigarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof other than flints and wicks, other lighters, electrical. The rate of duty will be 3.9 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations [19 CFR 134.41 (b)], the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations [19 CFR 134.41(a)], provides that as a general rule, marking requirements are best met by marking that is worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

We note that the submitted sample is not legally marked. The country of origin is required.

Additional requirements may be imposed on this product by the Consumer Products Safety Commission. You may contact the CPSC at:

Mr. Robert Moro
Consumer Products Safety Commission
6 World Trade Center, Room 350
New York, NY 10048

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.


Robert B. Swierupski

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