The tariff classification of cardboard tubes filled with permethrin treated cotton from Bulgaria

N280637 November 17, 2016 CLA-2-38:OT:RR:NC:N1:240 CATEGORY: Classification TARIFF NO.: 3808.91.2500 Ms. Michele Hagerman Tigers (USA) Global Logistics, Inc. 1100 Thorndale Avenue Elk Grove Village, IL 60007 RE: The tariff classification of cardboard tubes filled with permethrin treated cotton from Bulgaria Dear Ms. Hagerman: In your letter dated October 26, 2016, you requested a tariff classification ruling on behalf of your client, Thermacell Repellents Inc.       The product is described as a cardboard tube filled with cotton balls that have been treated with permethrin. Mice collect and build nests with the cotton balls. Ticks that feed on the mice are then exposed to the permethrin and die. The permethrin is at 7.4% concentration with 92.6% inert ingredients. You suggested classification under 3808.91.5000 Harmonized Tariff Schedule of the United States (HTSUS). It cannot be classified there because permethrin is considered an aromatic pesticide. The applicable subheading for cardboard tube filled with permethrin treated cotton balls will be 3808.91.2500, HTSUS, which provides for: "Insecticides, rodenticides, fungicides, herbicides, anti-sprouting 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: Containing any aromatic or modified aromatic insecticide: Other." The rate of duty will be 6.5 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 https://hts.usitc.gov/current. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their 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 Paul.Hodgkiss at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division