CLA-2-38:OT:RR:NC:N2:238
Mr. Hsin Pai
5136 N. 31st Place, Unit 644
Phoenix, Arizona 85016
RE: The tariff classification of various Bite-Lite® candles with citronella oil, lemongrass oil and mint oil from China
Dear Mr. Pai:
In your letter dated December 13, 2010, you requested a tariff classification ruling on behalf of R&D Chemicals, Inc.
The first product, Bite-Lite® Candle Luminary, is a tall cylindrical shape measuring 3.9 inches in diameter by 5.1 inches in height and net weight of 8 ounces. You submitted pictures of the candle with the labels affixed to the circumference of the candle and labels affixed to the bottom of the candle. The label states that it is a natural mosquito repellant lemongrass and mint candle with citronella oil using Cloak & Scatter® Technology. Per your letter and the label, it is stated to contain 3.06 percent by weight of lemongrass oil, 3.06 percent by weight of mint oil, and 0.33 percent by weight of citronella oil as the active ingredients, and to be for outdoor use.
The second product, Bite-Lite® Candle Tin, is a round tin measuring 2.7 inches in diameter by 1.7 inches in height and net weight of 3 ounces. The labels affixed to the tin states that it is a natural mosquito repellant lemongrass and mint soy candle with citronella oil using Cloak & Scatter® Technology. Per your letter and the label, it is stated to contain 3.1 percent by weight of lemongrass oil, 3.1 percent by weight of mint oil, and 0.33 percent by weight of citronella oil as the active ingredients, and to be for outdoor use.
The third product, Bite-Lite® Candle Jar, is a glass jar with a metal lid measuring 2.9 inches in diameter by 4.8 inches in height and net weight of 9.20 ounces. The label affixed to the jar states that it is a natural mosquito repellant lemongrass and mint soy candle with citronella oil using Cloak & Scatter® Technology. Per your letter and the label, it is stated to contain 3.1 percent by weight of lemongrass oil, 3.1 percent by weight of mint oil, and 0.33 percent by weight of citronella oil as the active ingredients, and to be for outdoor use.
The last product, Bite-Lite® Votives, will be sold in a grouping of three votives per package. Each votive measure 1.7 inches in diameter by 1.8 inches in height and with a net weight of 5.46 ounces. The label affixed to the packaging of the votives states that it is a natural mosquito repellant lemongrass and mint candle with citronella oil using Cloak & Scatter® Technology. Per your letter and the label, it is stated to contain 3.1 percent by weight of lemongrass oil, 3.1 percent by weight of mint oil, and 0.33 percent by weight of citronella oil as the active ingredients, and to be for outdoor use.
The applicable subheading for the various Bite-Lite® candles with citronella oil, lemongrass oil and mint oil will be 3808.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: Other.” The rate of duty will be 5 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Pesticidal articles containing citronella oil, lemongrass oil or mint 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 active ingredients 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.
The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).
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
Director
National Commodity Specialist Division