CLA-2-36:OT:RR:NC:SP:237
Mr. Nicholas D’Andrea
National Compliance Manager
Delmar International, Inc.
147-55 175th Street
Jamaica, New York 11434
RE: The tariff classification of a liquid firestarter from China.
Dear Mr. D’Andrea:
In your letter dated June 6, 2008, on behalf of Green Life Technologies,
you requested a tariff classification ruling.
Lokkii Organic Firelighter is described as a premium organic liquid firestarter for lighting outdoor barbecue charcoals and indoor fireplace firewood. The product is made from organic materials and consists of dimethyl succinate, glutaric acid, dimethyl ester, hexanedioic acid, dimethyl ester, soybean oil, turpentine and stearic acid. The product contains no petroleum distillates or ethanol. The product will be imported in retail size plastic containers of 16 fluid ounces (473 milliliters) with twist-off cap. The product label reads: Lokkii Organic Firelighter - Ideal for Charcoal BBQ’s & Freplaces; and warns: Danger - Harmful or Fatal if Swallowed - Keep Out of Reach of Children - Combustible - Read Instructions on Reverse.
In your letter you suggested that the product be classified in subheading 2942.00.5000, HTSUS, which provides for other organic compounds. Chapter 29 note 1(a) provides for separate chemically defined organic compounds. However, the product is a preparation consisting of more than one chemical compound plus other additives. Therefore, the product can not considered a separate chemically defined organic compound in chapter 29 and must be classified elsewhere in the tariff. Heading 3606, HTSUS, provides for articles of combustible materials as specified in chapter 36 note 2(c) for resin torches, firelighters and the like.
The applicable subheading for Lokkii Organic Firelighter in retail size plastic containers will be 3606.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of combustible materials as specified in chapter 36 note 2. The rate of duty will be 5% 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/.
This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency (EPA). You may contact the EPA located at 402 M Street, S.W., Washington, D.C. 20460, at telephone number 204- 554-1404.
This item may also be subject to prohibition and recall under the laws and regulations administered by the Consumer Product Safety Commission (CPSC). You may contact the CPSC Office of Compliance located in Washington, D.C. 20207-0001 at telephone number 301-504-7913.
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 control number shown 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 Frank Cantone at 646-733-3038.
Sincerely,
Robert Swierupski
Director,
National Commodity
Specialist Division