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NY I83885

July 11, 2002

CLA-2-96:RR:NC:2:231 I83885


TARIFF NO.: 9613.20.0000

Mr. Matthew Valenza
Schenker, Inc.
150 Albany Avenue
Freeport, NY 11520

RE: The tariff classification of cigarette lighters from China.

Dear Mr. Valenza:

In your letter, dated June 28, 2002, you requested a tariff classification ruling on behalf of your client, Wurth Central Purchasing America, Inc., Ramsey, NJ.

The merchandise is comprised of “Wurth” brand, gas fueled, refillable pocket lighters. The pocket lighter is in the shape of a wrench (it is a bar of metal with jaws at one end) and it measures 3 ½ inches in length. When a metal lever at the side of the jaws is depressed, a butane flame is emitted from the center of the jaws.

The applicable subheading for gas fueled, refillable pocket lighters will be 9613.20.0000, 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, refillable. The rate of duty will be 9 percent ad valorem.

Cigarette lighters that are shipped full of gas are regulated both by the Consumer Product Safety Commission (CPSC) and the Department of Transportation (DOT).

For information regarding the laws and regulations administered by the Consumer Product Safety Commission, you may write to:

Mr. Michael Bogumill
Consumer Product Safety Commission
4330 East West Highway, Room 610
Bethesda, MD 20814
FAX (301) 504-0012

For information regarding the laws and regulations administered by the Department of Transportation, you may write to:

Mr. James Enoch Jones
Department of Transportation
Office of Hazardous Materials Exemptions and Approvals 400 7the Street SW
Washington, DC 20590

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 Thomas Brady at (646) 733-3030.


Robert B. Swierupski

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