The tariff classification of a pyrotechnic device designated "Novelty Birthday Candle" from China.

NY E89137 November 23, 1999 CLA-2-36:RR:NC:2:237 E89137 CATEGORY: Classification TARIFF NO.: 3604.90.0000 Mr. Robert W. Hardy BoMar Distributors Inc. 2633 Lucinde Road Kelowna, B. C., Canada V1Z 2V3 RE: The tariff classification of a pyrotechnic device designated “Novelty Birthday Candle” from China. Dear Mr. Hardy: In your letter dated October 18, 1999, you requested a tariff classification ruling. The pyrotechnic device to be imported is a folded framework of plastic consisting of eight candles with their wicks pointing towards a center gunpowder flare. A wick, included with the article, is used to ignite the gunpowder. The ignition lights the candles and causes the folded arms holding the candles to open outward. A battery operated musical device is activated to play a birthday song. The applicable subheading for the pyrotechnic device will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for fireworks, signaling flares, rain rockets, fog signals and other pyrotechnic articles… other. The rate of duty will be 6.5 percent ad valorem. This merchandise may be subject to the requirements of the Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), Bureau of Alcohol, Tobacco and Firearms (BATF) and/or Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency (EPA). You may contact them at: Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, telephone number (301) 443-6553; Consumer Product Safety Commission, Washington, D. C. 20207-0001; Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue N.W., Washington, D.C. 20226, telephone number 202-927-8500 and U. S. Environmental Protection Agency, 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404 or EPA Region II at (908) 321-6669. 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 212-637-7018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division