CLA-2-36:OT:RR:NC:N2:237
Ms. Traci Blackmon
Central Purchasing LLC
26541 Agoura Road
Calabasas, CA 91302
RE: The tariff classification of a Magnesium Fire Starter (SKU 66560) kit from China.
Dear Ms. Blackmon:
In your letter received here on August 30, 2012 you requested a tariff classification ruling. You provided MSDS sheets with a percent breakdown of ingredients. Your sample is being returned.
The Magnesium Fire Starter (SKU 66560) kit is described as an all-purpose fire starter that is waterproof and fireproof in solid form. The kit contains a rectangle shaped block of magnesium (3/8” x 1” x 3”), a flint rod (3/32” x 3”) glued in a channel on one side of the block, a steel blade with one serrated edge (5/8” x 3”) and a beaded metal key chain (6”) threaded through holes in the block and blade. The magnesium consists of 70-80% magnesium, 5-10% lanthanum, 5-15% cerium and 5-10% iron. The kit comes in a clear blister retail pack with printed paperboard backing and warning label. The magnesium block imparts the essential character of the kit.
To start a fire, flakes are shaved off the magnesium block onto a pile of dried tinder, using the serrated end of the steel blade. The tinder is then ignited by placing the flint rod close to the magnesium flakes and striking the flint rod downward using the straight edge of the steel blade. This creates sparks of burning steel particles hot enough to make the magnesium chemically react with oxygen in the air. This reaction produces more intense heat that ignites even damp tinder (e.g., grass, leaves, twigs, small strips of bark). Burning magnesium reacts with any water on the damp tinder and produces highly flammable hydrogen gas which further intensifies the fire.
In your letter you suggest classification under tariff subheading 8104.90.0000, HTSUS, which provides for: Magnesium and articles thereof: Other. However, Section XV Note 1 (b) states: This section does not cover ferrocerium or other pyrophoric alloys (heading 3606). Pyrophoric alloys are alloys which when rubbed on rough surfaces give off sufficient sparks to ignite gas, petrol, tinder or other flammable material. They are usually combinations of cerium and other metals, the most common being ferrocerium. The magnesium block is a pyrophoric alloy consisting of magnesium, lanthanum, cerium and iron. The MSDS sheet for the magnesium fire starter states: rubbing product with metallic objects may cause sparking of fire.
The applicable subheading for the retail packed Magnesium Fire Starter (SKU 66560) kit 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.
Your product may be subject to prohibition and recall under the laws and regulations administered by the CPSC. You are advised to contact the CPSC to determine if your merchandise complies with pertinent safety standards and regulations. Import compliance information may be obtained by contacting the Office of Compliance, Consumer Product Safety Commission, 4330 East West Highway, Bethesda MD 20814-4408, by calling (301) 504-7912 or by e-mail contact through their website at www.cpsc.gov.
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 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 Frank Cantone at (646) 733-3038.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division