Classification of "Party Popper Bag" pyrotechnic noise makers from China.

NY L83403 March 25, 2005 CLA-2-34:RR:NC:SP:237 L83403 CATEGORY: Classification TARIFF NO.: 3604.90.0000 Ms. Lorianne Aldinger RITE AID Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: Classification of “Party Popper Bag” pyrotechnic noise makers from China. Dear Ms. Aldinger: In your letter of March 10, 2005 you requested a classification ruling. Item #939701 “Party Popper Bag” consists of small 1”D x 2-1/4”H plastic bottles containing a potassium chlorate based pyrotechnic compound, packed in a bag (12 pieces) and designed to make a loud popping noise and shoot confetti when a string is pulled. Your sample is being returned. The applicable subheading for the “Party Popper Bag” will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other pyrotechnic articles. The rate of duty is 6.5 percent ad valorem. This article may be subject to the laws and regulations administered by the Consumer Product Safety Commission (CPSC). You may contact their Office of Compliance, Washington, D.C. 20207-0001, 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 the control number indicated above should be provided with the entry documents filed at time the merchandise is imported. If you have any questions contact National Import Specialist Frank Cantone at (646) 733-3038. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division