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NY K80847




December 17, 2003
CLA-2-38:RR:NC:2:238 K80847

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

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

RE: The tariff classification of citronella torches from China

Dear Ms. Aldinger:

In your letter dated December 4, 2003, you requested a tariff classification ruling.

The submitted sample, described on the label as “4PK CITRONELLA MINI TORCH CNDL W/3% CITRONELLA OIL, ITEM NO. C05M-0441 (RAC),” consists of four, striped, citronella torches, each measuring approximately 10” in height, put up for retail sale in a shrinkwrapped, paperboard container (“tray”). For the record, you refer to the subject product as Item No. 935027.

The applicable subheading for the subject product 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 (for example, sulfur-treated bands, wicks and candles, and flypapers): Insecticides: Other: Other: Other.” The rate of duty will be 5 percent ad valorem. The rate of duty will remain the same in 2004.

The classification of the subject product by the Bureau of Customs and Border Protection as a pesticidal article does not preclude a possible finding of dumping under the Antidumping Duty Order on Petroleum Wax Candles from the People’s Republic of China (Antidumping Case #A570-504). However, the Department of Commerce has determined that citronella candles and citronella-scented candles, labeled for outdoor use only, are not within the scope of the antidumping duty order. Should you require a Scope Ruling, you may contact the U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC, 20230, telephone number 202-482-1374.

Pesticidal articles containing citronella oil are exempt from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), provided that all the criteria of Title 40 CFR (Code of Federal Regulations, Part 152(g) are met. These criteria include labeling the product to identify the citronella oil, by name and percent by weight, and the name(s) of each inert ingredient. For further guidance, you should contact the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs, at 401 M Street, S.W., Washington, DC 20230, telephone number 202-482-1374.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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