Ms. Eileen Family
Geodis Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a citronella refill spray from China

Dear Ms. Family:

In your letter dated February 8, 2017, you requested a tariff classification ruling on behalf of your client, Radio Systems Corporation.       The product is an aerosol spray can filled with Citronella Oil and HFO-1234ZE. The product is intended to be fitted to a motion detector unit that will release a quick spray when the device detects a pet’s movement into an off-limit zone. You state the pet will then be surprised and turn away.

By reason of being put up for retail sale, classification of the Citronella Oil spray is subject to Section VI Note 2 of the Harmonized Tariff Schedule of the United States (HTSUS) which directs that it be classified under heading 3808. The applicable subheading for spray can filled with Citronella Oil and HFO-1234ZE will be 3808.99.0800, HTSUS, which provides for: "Insecticides, rodenticides, fungicides, herbicides, anti-sprouting 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: Other: Containing any aromatic or modified aromatic pestiticide: Other." The rate of duty will be 6.5 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

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 152.25(f) 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 1200 Pennsylvania Avenue, NW (Mail code 7501P), Washington DC, 20460, telephone number 703-305-7090.

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 Paul.Hodgkiss at [email protected].


Steven A. Mack
National Commodity Specialist Division