CLA-2-96:OT:RR:NC:N2:231
Ms. Gerry Gallegos
Clearfreight, Inc.
880 Apollo Street (Ste. # 101)
El Segundo, CA 90245
RE: The tariff classification of a refillable butane lighter from China.
Dear Ms. Gallegos:
In your letter dated November 21, 2013, you requested a tariff classification ruling on behalf of John Gibson Enterprises (San Luis Obispo, CA).
A prototype sample of a “Long Lite” was submitted and is being returned to you as requested. It appears to be a multipurpose lighter having a plastic body shaped like a slat with rounded edges. It measures approximately 12” long by 1” wide by 3/8” thick. The top end incorporates a push-down ignition button adjacent to a metal nozzle/wind-guard assembly from which the flame is emitted. (The assembly also incorporates a lever-operated flame-adjustment mechanism.) Depressing the button activates a piezoelectric switch, which in turn provides spark ignition for butane stored in the body of the unit, thereby initiating the flame. The body’s exterior incorporates a port that will accept butane refills.
The applicable subheading for the above-described “Long Lite” 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…: 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% 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/.
With regard to country of origin, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article (e.g. “Made in China”).
Please be advised that the Consumer Product Safety Commission administers requirements applicable to some lighters. For further information, you may contact that agency at the following location:
U.S. Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814
Telephone: (301) 504-7923 or (301) 504-7912
Website: www.cpsc.gov
When shipped filled with certain fuels, lighters may also be 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, D.C. 20590
Telephone: (202) 366-4433 FAX: (202) 366-3666
Website: http://phmsa.dot.gov
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division