CLA-2-38:RR:NC:2:238 D84945
Ms. Maria D. Cimino
Customs Manager
Geologistics Americas Inc.
310 McClellan Highway
East Boston, MA 02128
RE: The tariff classification of ThermaCELL Mosquito Repellent
from Italy
Dear Ms. Cimino:
In your letter dated November 18, 1998, you requested a
tariff classification ruling on behalf of your client, The
Schawbel Corporation. A sample was submitted.
The subject merchandise, ThermaCELL Mosquito Repellent,
consists of a reusable, cordless, portable appliance, made
primarily of plastic, a 12 gram butane cartridge, and three 0.08
ounce insect repellent mats, a formulated pesticide with 21.97%
d-allethrin and 78.03% inerts. All components are presented
together in a package for retail sale.
The appliance measures approximately 18 cm in length, 7 1/2
cm in width, and 4 cm in depth. It is essentially of plastic
construction, but contains a metallic heating element which is
covered by a black grill. A repellent mat is inserted between
the grill and the heating element with the on/off switch in the
off position. The appliance is opened from the bottom and the
butane cartridge is inserted by screwing it into the appliance
opening. The appliance is then turned on to begin the butane
flow. After waiting a few seconds, a start button (igniter) is
depressed to ignite the butane and begin the heating process.
Verification of operation is done through a small lens at the end
of the appliance. The appliance is then placed on a flat, stable
surface with the grill-side up. The heat warms the repellent mat
to create a mosquito repellent vapor which covers an area of
approximately 225 square feet. The product is intended for
outdoor use only. The replaceable butane cartridge provides 8 to
12 hours of fuel. The repellent mats provide up to 4 hours of
effective coverage.
The active insecticide ingredient utilized in the
ThermaCELL device is d-allethrin (CAS# 584-79-2), chemical name
cyclopropanecarboxylic acid, 2,2-dimethyl-3-(2-methyl-1-propenyl)-. This is a non-aromatic insecticide indicated in the
Farm Chemicals Handbook 98 for flying and crawling insect
control for household and industrial locations and outdoor use.
The mosquito mats are a formulation of d-allethrin. The
ThermaCELL device has one function only- to deliver the
repellent ingredient of the mats as a vapor to the immediate
environment.
The applicable subheading for the ThermaCELL Mosquito
Repellent device using d-allethrin as the active ingredient will
be 3808.10.5000, Harmonized Tariff Schedule of the United States
(HTS), which provides for "[i]nsecticides, 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 or articles (for
example, sulfur-treated bands, wicks and candles, and flypapers):
[i]nsecticides: [o]ther: [o]ther: [o]ther." The rate of duty
will be 5 percent ad valorem.
This merchandise may be subject to the requirements of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
which is administered by the Environmental Protection Agency,
Office of Pesticide Programs. You may contact them at 401 M
Street, S.W., Washington, DC 20460, telephone number (703)305-7092.
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 Harvey
Kuperstein at 212-466-5770.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division