The tariff classification of a Torch Emitter Sandwich from China, Taiwan or Vietnam

N086536 December 8, 2009 CLA-2-38:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3808.91.5000 Ms. Dana Praeger Lamplight Farms 4900 North Lilly Road Menomonee Falls, WI 53051-7035 RE: The tariff classification of a Torch Emitter Sandwich from China, Taiwan or Vietnam Dear Ms. Praeger: In your letter dated November 25, 2009, you requested a tariff classification ruling. The sample submitted with your request will be returned to you. The Torch Emitter Sandwich is a non-woven paper pad containing 7 grams of lemongrass oil sandwiched between two aluminum disks. The product is designed to be placed in an outdoor lamp and used for mosquito repellency. The product is sold both individually, in multiple packs, and with the intended lamps under the Tiki® or Lamplight® trademarks. This ruling is for the Emitter Sandwich only. The applicable subheading for the Torch Emitter Sandwich 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 or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: 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 lemongrass 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(g) are met. These criteria include labeling the product to identify the lemongrass oil by name and percent by weight, and the name(s) of each inert ingredient. Further information on FIFRA can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov. 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 (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division