The tariff classification of Neon Glow Light Sticks from China

N065036 July 15, 2009 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.2800 Ms. Lorianne Aldinger Rite Aid Corporation 30 Hunter Lane Camp Hill, PA 17011 RE: The tariff classification of Neon Glow Light Sticks from China Dear Ms. Aldinger: In your letter dated June 15, 2009, you requested a tariff classification ruling. Samples were submitted with your ruling request and will not be returned. Item number 9004736, referred to as Neon Glo 6" light stick, is a plastic stick filled with a fluorescent liquid consisting of 57% Dibutyl phthalate, 32.5% Dimethyl phthalate, 0.50% Tert-butyl alcohol, 0.30% Hydrogen peroxide, 9.6% Bis(2,4,5-trichloro-6-carbopentyloxyphenyl)oxalate and a minimal amount of dye. The light stick is activated by bending and snapping the length of the tube and shaking it. As stated in your letter, maximum glow will be achieved within minutes. The item, designed for use by children 3 years and older, will be imported in three colors, green, blue and orange. Item number 9004734 is a value pack consisting of six, Neon Glo 6" light sticks containing the identical composition and product use as Item number 9004736. The value pack contains an assortment of colors and designed for use by children 3 years and older. Item number 9004735 is a value pack consisting of fifty, Neon Glo 8" light sticks also containing the identical composition as listed above. Also included are fifty connectors which are hollow sections of clear plastic tubing measuring approximately one and a quarter inches in length. The connectors are used to join the light sticks at the ends giving the item multiple uses and, therefore, not dedicated to a principle use. The value pack contains an assortment of colors and designed for use by children 3 years and older. Based on the chemical composition, all of the above items are chemical mixtures containing more than 5% by weight of aromatic substances. The applicable subheading for Item numbers 9004734, 9004735, and 9004736, will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: 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 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 Richard Dunkel at 646-733-3032. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division