CLA-2-38:OT:RR:NC:2:238
Ms. Carmen Puga
CEP Customs Broker Inc.
2801 N.W. 74 Avenue, Suite # 103
Miami, FL 33122
RE: The tariff classification of BUGSLOCK® mosquito repellent band from Korea
Dear Ms. Puga:
In your letter dated June 23, 2014, on behalf of Grupo Broker Corp., you requested a tariff classification ruling. A representative sample was submitted with your request.
The BUGSLOCK® mosquito repellent band consists of a microfiber band that is impregnated with citronella oil, as the active ingredient. It is packaged inside an aluminum foil re-sealable pouch with the active ingredients, 30 percent citronella essential oil and 70 percent textile material (ultra micro fiber), listed on the back. The label also indicates that the band can be worn at the wrist or ankle to protect the human body from mosquitoes. In your letter, you state that this product is intended for outdoor use only.
The applicable subheading for the BUGSLOCK® mosquito repellent band will be 3808.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants, and similar products, put up in forms or packings for retail sale or as preparations of articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: Other.” The rate of duty will be 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 http://www.usitc.gov/tata/hts/.
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 Judy Lee at judy.h.lee @cbp.dhs.gov.
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division