The tariff classification of various glow sticks from Mexico and China

N213595 May 9, 2012 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073, 7117.90.7500 Mr. Gregory Watts Damco Customs Services, Inc. 680 Knox St., Suite 200 Torrance, CA 90502 RE: The tariff classification of various glow sticks from Mexico and China Dear Mr. Watts: In your letter dated April 4, 2012, you requested a tariff classification ruling. Five samples of various types of glow sticks were received with your inquiry. All of the items consist of plastic tubes that contain a fluorescent liquid inside them. The glow sticks are activated by bending the tube until it snaps and shaking them, allowing the chemicals to interact to produce a glowing color. They are available in a variety of colors. The Super Glow Star Wand, SKU 311019, consists of a glow stick that has a clear plastic star attached on one end. Once activated, both the glow stick and the star will be illuminated. The Super Glow Soft Glow Stick, SKU 399638, consists of a 10” glow stick that is covered in a soft foam material measuring 15”. Both items are principally designed for amusement and will be classified in Chapter 95 as toys. The Super Glow Value Pack, SKU 311456, Super Glow 4 Glow Necklaces, SKU 311002 and Let’s Party Glow Stick Jewelry, SKU 311016, consist of glow sticks in various sizes and include plastic connectors that allow the glow sticks to be made into a range of items such as bracelets and necklaces and other novelty items. You state that the items are intended to be worn as jewelry and suggest classification under subheading 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), as imitation jewelry. However, consistent with HQ 960822 dated June 17, 1998 and HQ H076999 dated September 1, 2010, Super Glow Value Pack and Super Glow 4 Glow Necklaces are not classified as imitation jewelry of heading 7117, HTSUS. The principal use of these items cannot be shown to be worn for personal adornment over that of other novelty uses. For the Let’s Party Glow Stick Jewelry we find that the unassembled clip on earrings and pendant necklace suspended on a cord to be articles of imitation jewelry, while the 8-inch glow sticks can be used for various other purposes than the forming of bracelets to be worn around the wrist. Consequently, this item is not a set, and therefore must be broken out into its separate parts. For the earrings and pendant necklace, the essential character is the plastic, and as such, these items are classified in subheading 7117.90.7500. The applicable subheading for the Super Glow Star Wand and Super Glow Soft Glow Stick will be 9503.00.0073, HTSUS, which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” The rate of duty will be free. The applicable subheading for the plastic earrings and pendant necklace from the Let’s Party Glow Stick Jewelry will be 7117.90.7500, HTSUS, which provides for “Imitation jewelry: Other: Valued over 20 cents per dozen pieces or parts: Other: Of Plastics.” The rate of duty will be free. 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/. Your inquiry does not provide enough information for us to give a classification ruling on the Super Glow Value Pack, SKU 311456, Super Glow 4 Glow Necklaces, SKU 311002, and Let’s Party Glow Stick Jewelry (glow sticks only), SKU 311016. Your request for a classification ruling should include a complete chemical composition, by percentage by weight, of each component (totaling 100%) for the fluorescent liquid.  Also, supply CAS numbers and/or chemical structures. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 James Forkan at (646) 733-3025. Sincerely, Thomas J. Russo Director National Commodity Specialist Division