CLA-2-39:OT:RR:E:NC:SP:237

Mr. Michael Koseck
E. Besler & Company
115 Martin Lane
Elk Grove Village, Illinois 60007

RE: The tariff classification of a flint lighter set from China.

Dear Mr. Koseck:

In your letter dated May 8, 2008, on behalf of Grainger Global Sourcing, you requested a tariff classification ruling.

Grainger’s Item # 5KH14 Flint Lighter Set consists of a spark lighter made from a small rod shaped flint and metal cup, attached to opposite ends of a bent steel wire frame. When the handheld bent wire frame is squeezed together, the flint is rubbed against a rough surface inside the cup producing sparks. Lighter flints are pyrophoric alloys, which when rubbed on rough surfaces produce sufficient sparks to ignite gas, petrol, tinder or other flammable material. The product is intended for use by welders to safely ignite torches. The set includes the flint lighter, a plastic container with 5 flint renewals and a standard tip cleaner. The set comes blister packed on a printed paperboard card for retail sale. The lighter flints impart the essential character of the set. The applicable subheading for the flint lighter set with flint renewals and standard tip cleaner will be 3606.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Ferrocerium and other pyrophoric alloys (in all forms). The rate of duty will be 5.9% 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 item may be subject to prohibition and recall under the laws and regulations administered by the Consumer Product Safety Commission (CPSC). You may contact their Office of Compliance, Washington, D.C. 20207-0001 at telephone (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 control number shown 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 Swierupski
Director,
National Commodity
Specialist Division