The tariff classification of glow novelty items from China.

N213616 May 10, 2012 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.9000; 7117.90.7500 Gregory Watts Damco Customs Services, Inc. 680 Knox Street, Suite 200 Torrance, CA 90502 RE: The tariff classification of glow novelty items from China. Dear Mr. Watts: In your letter dated April 4, 2012, on behalf of Amscan Incorporated, you requested a tariff classification ruling. As requested the samples submitted, will be returned to you. SKU 315815.03 is described as Glow Bracelets. The item contains 5 – 8-inch plastic tubes with 5 plastic connectors. The plastic tubes contain a liquid substance, that when, the tubes are bent or shaken will begin to glow. The packaging indicates 5 glow bracelets (one tube to one connector) that can be formed or 1 necklace plus 2 bracelets. A photo on the packaging indicates that when the tubes are connected they form a circular shape that is either worn around a person’s wrist or neck, or both. SKU 318953.03 is described as a Super Glow, Lightstick Necklace. The item is a corded necklace with a 4-inch, dangling plastic lightstick pendant. The pendant has a bail type hole in which to thread the cord. The dangling pendant is in the form of a cylindrical, prism tube. The plastic pendant contains a liquid substance, that when, the tube is bent or shaken will begin to glow. A photo on the packaging depicts a person wearing this item around one’s neck. SKU 311006.03 is described as a Super Glow, Lightstick Necklace. The item is a corded necklace with a 6-inch, dangling plastic lightstick pendant. The pendant has a bail type hole in which to thread the cord. The dangling pendant is in the form of a cylindrical, round tube. The plastic pendant contains a liquid substance, that when, the tube is bent or shaken will begin to glow. A photo on the packaging depicts a person wearing this item around one’s neck. SKU 311018 is described as a Super Glow, Glow Stick Fun Pack. The item contains 5 – 8-inch plastic tubes with 5 plastic connectors. The plastic tubes contain a liquid substance, that when, the tubes are bent or shaken will begin to glow. The packaging indicates 5 glow bracelets (one tube to one connector) that can be formed or 1 necklace plus 2 bracelets. A photo on the packaging indicates that when the tubes are connected they form a circular shape that is either worn around a person’s wrist or neck, or both. SKU 315815.03 and SKU 311018 appear to be identical with differences in the manner of marketing. SKU 392864 is described as a SpongeBob Squarepant Glow Pendant Necklace. The item contains 3 – 8-inch plastic tubes with 3 plastic connectors, and 1 – 2-inch glow pendant with the image of SpongeBob Squarepant. The pendant has a bail in which the three tubes are thread forming the necklace. The plastic tubes contain a liquid substance, that when, the tubes are bent or shaken will begin to glow. On the back of the pendant there are nine small (approximately 1½ inches) tubes that will illuminate the pendant when activated. A photo on the packaging indicates that the item is to be worn as a necklace. Legal Note 11 in conjunction with Legal Note 9 (a) to Chapter 71 of the Harmonized Tariff Schedule of the United States (HTSUS) provides in pertinent part, that the expression “imitation jewelry” means any small articles of personal adornment for example rings, bracelets, necklaces, brooches, earrings, pendants, pins, and the like – not incorporating precious metal or metal clad with precious metal, except as minor constituents. We find that the Super Glow, Lightstick Necklace (SKU 318953.03) having a cord and pendant; Super Glow, Lightstick Necklace (SKU 311006.03 having a cord and pendant; and SpongeBob Squarepant Glow Pendant Necklace (SKU 392864) having interconnected tubes and pendant fall within the meaning of imitation jewelry, in that they are representative of simulated jewelry pieces worn as items of personal adornment. For SKU 318953.03 (necklace with pendant) and SKU 311006.03 (necklace with pendant), the chemical mixture inside the plastic tube allows the pendant to light up, and therefore imparts the essential character to the item; it is the mixture that provides the novelty for these jewelry pieces. For SKU 392864 (necklace with SpongeBob Squarepant pendant), the plastic pendant with the image of SpongeBob imparts the essential character to the item, in that, even after the glow wears out the item can still be worn, either on tubing or another type chain, with the recognizable face of SpongeBob. The novelty of this item is the recognizable face of SpongeBob over that of the illumination of the pendant. Accordingly, SKU 318953.03, SKU 311006.03, and SKU 392864 are classifiable as imitation jewelry in heading 7117, HTSUS. See HQ 960822 dated June 17, 1998 and HQ H076999 dated September 1, 2010. For SKU 315815.03, Glow Bracelets and SKU 311018, Glow Stick Fun Pack: please submit the complete chemical composition by percentage and by weight of each component (totaling 100%), for the fluorescent liquid.  Supply CAS numbers and/or chemical structures. Upon receipt of the requested additional information, this Office will issue a binding ruling. The applicable subheading for SKU 318953.03 (necklace with pendant) and SKU 311006.03 (necklace with pendant), will be 7117.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Other.” The rate of duty will be 11% ad valorem. The applicable subheading for SKU 392864 (necklace with SpongeBob Squarepant pendant), will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: 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/. 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 Neil H. Levy at (646) 733-3036. Sincerely, Thomas J. Russo Director National Commodity Specialist Division