CLA-2-96:OT:RR:NC:SP:231
Mr. Francis Szetho
Team Handling Services
20911 S. Western Ave.
Torrance, CA 90501
RE: The tariff classification of utility lighters from China.
Dear Mr. Szetho:
In your letters dated April 3 and July 28, 2008, you requested a tariff classification ruling on behalf of Calico Brands, Inc. (Ontario, California).
Two samples, which you describe as “utility blow torch lighters,” together with corresponding product literature and instructions, were submitted for our examination. The literature refers to the items as wind-resistant utility lighters.
Model A-810CR2-WR consists of a straight, cylindrical metal nozzle, approximately 3/8” in diameter by 5½” in length, attached to a 5¼”-long plastic handle that houses the operating system, fuel, and child-resistant activation mechanism (trigger with safety latch). You state that the lighter operates on butane gas, and incorporates an electronic ignition system. You state further that the lighter has a “premixed burner,” meaning that the butane is mixed with oxygen before it reaches the combustion area, so as to produce “a wind-blowing flame with a high temperature.” This feature is said to be different than what is found on many standard utility lighters, which use “post-mixed burners” where the fuel is mixed with the oxygen after it reaches the combustion area. Nevertheless, we note that the A-810CR2-WR instructions caution that the product should not be kept lit for more than 30 seconds, and the literature suggests that it be used for applications such as lighting barbecue grills, fireplaces, kerosene lanterns, candles, camping equipment, and pilots in stoves, furnaces or water heaters. There is no indication that the lighter is intended to provide sustained heat for melting or burning functions such as welding, soldering or paint removal.
The second sample, identified as model GM10C, is similar to the first, but is slightly longer and has a slightly different handle design. You state that it has the same technical data and performance as the above-described model, and the literature shows the same types of applications, such as the lighting of outdoor barbecues, etc.
You also inquired about three other models, A-930CR2-WR, GM10CF and GM10CL, for which photos, literature and instructions, but not samples, were submitted. You state that these lighters have the same technical data and performance as those described above, but exhibit relatively minor variations or differences in length, color, handle design, and/or nozzle design. (Model GM10CF appears to possess the most significant variation; its nozzle is flexible/bendable, unlike the rigid nozzles of all the other models under review.) The literature for all of these models again suggests uses such as the lighting of grills, campfires, pilots, etc.
The applicable subheading for all of the above-described lighters (models A-810CR2-WR, GM10C, A-930CR2-WR, GM10CF and GM10CL) will be 9613.80.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cigarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof, other than flints and wicks: other lighters: other: electrical: multipurpose lighters, including those used to light charcoal and gas grills and fireplaces. The rate of duty will be 3.9%.
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/.
The imported lighters may be subject to requirements administered by the Consumer Product Safety Commission (CPSC), which may be contacted at the following location:
Consumer Product Safety Commission
Office of Compliance
4330 East West Highway
Bethesda, MD 20814-4408
Tel. (301) 504-7912
When shipped filled with fuel, lighters are also subject to requirements administered by the Department of Transportation, which may be contacted at the following location:
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Tel. (202) 366-4535
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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division