CLA-2-42:RR:NC:2:231 H80124
Mr. Peter Alberdi
A.J. Arango, Inc.
1516 East 8th Avenue
Tampa, FL 33605
RE: The tariff classification of a cigarette lighter in a reusable, textile cover from China.
Dear Mr. Alberdi:
In your letter, dated April 13, 2001, you requested a classification ruling on behalf of your client, Susan Faris Designs, Inc., Saint Petersburg, FL.
The merchandise is comprised of a disposable, gas fueled, non-refillable cigarette lighter that is encased in a reusable, man-made fiber cover. The cigarette lighter will be imported inside the cover.
The applicable subheading for man-made fiber covers will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 18.3 percent ad valorem.
The applicable subheading for cigarette lighters will be 9613.10.0000, HTS, which provides for cigarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof other than flints and wicks, pocket lighters, gas fueled, non-refillable. The rate of duty will be 8 percent ad valorem.
HTS 4202.32.9550 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U. S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
Cigarette lighters that are shipped full of gas are regulated both by the Consumer Product Safety Commission (CPSC) and the Department of Transportation (DOT).
For information regarding the laws and regulations administered by the Consumer Product Safety Commission, you may write to:
Mr. Michael Bogumill
Consumer Product Safety Commission
4330 East West Highway, Room 610
Bethesda, MD 20814
FAX (301) 504-0012
For information regarding the laws and regulations administered by the Department of Transportation, you may write to:
Mr. James Enoch Jones
Department of Transportation
Office of Hazardous Materials Exemptions and Approvals
400 7th Street SW
Washington, DC 20590
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at 212-637-7064.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division