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NY F80683

December 13, 1999

CLA-2-96:RR:NC:2:231 F80683


TARIFF NO.: 9613.80.2000

Mr. Joseph Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of electrical lighters from China.

Dear Mr. Hoffacker:

In your letter, dated December 6, 1999, you requested a classification ruling on behalf of your client, Consolidated Stores, Inc., Columbus, OH.

We are returning the submitted sample as you have requested.

The merchandise, item 4007, is comprised of a set of two refillable, butane gas lighters. Each lighter measures 8 ¾ inches in length, and has a steel nozzle and plastic handle. The handle houses a refillable, butane gas cartridge, and it also has an ignition trigger, a safety switch, and a flame adjustment lever. Each set of two lighters is packed in a plastic blister pack with a cardboard back. The rear of the packing indicates directions for use, safety instructions, and refill procedures. During use the operator slides the safety switch to the “ON” position, sets the flame adjustment lever, and depresses the ignition trigger. The lighter has a variety of indoor and outdoor uses. For example, it may be used to light fireplaces, barbecue grills, gas ranges, and candles.

The applicable subheading for electrical lighters will be 9613.80.2000, 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, other lighters, electrical. The rate of duty will be 3.9 percent ad valorem. In 2000 the rate of duty will remain the same.

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 Thomas Brady at 212-637-7064.


Robert B. Swierupski

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