CLA-2-96:S:N:N1:231 870029
Mr. John Mondry
M and I Importers and Wholesalers
323 Sheridan Avenue
Roselle Park, New Jersey 07204
RE: The tariff classification of a gas fueled non-refillable
pocket cigarette lighter from India.
Dear Mr. Mondry:
In your letter dated December 18, 1991 you requested a
tariff classification ruling.
The applicable subheading for the gas fueled non-refillable
pocket cigarette lighter will be 9613.10.0000, Harmonized Tariff
Schedule of the United States (HTS), which provides for cigarette
lighters and other lighters, whether or not mechanical or
electrical, and parts thereof other then flints and wicks: pocket
lighters, gas fueled, non-refillable. The duty rate will be 10
percent ad valorem.
Articles classifiable under subheading 9613.10.0000, HTS,
which are products of India are entitled to duty free treatment
under the Generalized System of Preferences (GSP) upon compliance
with all applicable regulations.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). The sample you
have submitted does not appear to be properly marked with the
country of origin. You may wish to discuss the matter of country
of origin marking with the Customs import specialist at the
proposed port of entry.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport