The tariff classification of Moth Glue Traps from Germany

N301089 October 16, 2018 CLA-2-38:OT:RR:NC:N1:140 CATEGORY: Classification TARIFF NO.: 3808.91.5001 Mr. Neil A. Thompson West Bay Retail Limited Unit 3, New Barn, Lower Maiden Newton Farm Crockway Dorchester DT2 0BY, United Kingdom RE: The tariff classification of Moth Glue Traps from Germany Dear Mr. Thompson: In your letter dated October 11, 2018, you requested a tariff classification ruling. You indicate that the products are (Natural Non Toxic Glue Trap for Insects). They are produced by a company in Germany, and then they are imported into the UK. You state that they are then sent to the USA. You indicate that your broker has informed you that that the best commodity code available is 3808.91. You describe the product as a cardboard base with a strip of glue on the surface and natural moth pheromones within that glue. There are no other chemicals or pesticides in the products. The product contains natural pheromones which attract insects to the non-toxic glue strip. The first item you indicate is a glue trap for insects called Moth Prevention Clothes, Moth Trap. The second product is called Moth Prevention Pantry, Moth Trap. You also indicate that you offer refill packs for each of these products. The Explanatory Notes for Heading 3808 provide, in pertinent part, that products classified in Heading 3808 include the following: “When they are put up in the form of articles such as sulphurtreated bands, wicks and candles (for disinfecting and fumigating vats, living quarters, etc.), flypapers (including those coated with glue not containing poisonous matter), grease bands for fruit trees (including those not containing poisonous matter), papers impregnated with salicylic acid for preserving jams, papers or small wooden sticks coated with lindane (ISO, INN) and acting by combustion, etc.” The applicable subheading for the the Pantry Moth Traps, the Clothes Moth Traps, and the refills will be 3808.91.5001, 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 of articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: 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 the World Wide Web at https://hts.usitc.gov/current. 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