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 firestarter 10 pack from China.
Dear Mr. D’Andrea:
In your letter dated October 10, 2008, on behalf of Green Life Technologies, you requested a tariff classification ruling. Your sample is being returned.
The Lokkii Hotrods Firestarter 10 Pack consists of 10 individually wrapped rods in a printed paperboard pack. Each rod measures 4 inches long by 1/2 inch in diameter. The rods are made from a blend of anthracite coal, wood charcoal and plant extracts. The rods are designed for lighting fireplaces, barbecue grills, campfires and wood fired ovens. A rod is placed between the wood or charcoal and then lit with a match or lighter. The rod will burn with a visible flame for about 10 minutes so that the wood or charcoal is ignited.
In your letter you suggested a classification under heading 2701, HTSUS, which provides for coal and anthracite whether or not pulverised or agglomerated, for example, ovoids, briquettes, etc. However, the product is more than simply agglomerated anthracite coal briquettes or rods and is more specifically described elsewhere in the tariff. Heading 3606, HTSUS, covers articles of combustible materials as specified in chapter 36 note 2 (c) which provides for resin torches, firelighters and the like.
The applicable subheading for the Lokkii Hotrods Firestarter 10 Pack 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 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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division