The tariff classification of various lightstick (glow stick) items from Mexico and China.

N229102 August 31, 2012 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.9000, 3824.90.2800 Gregory Watts Damco Customs Services, Inc. 680 Knox Street, Suite 200 Torrance, CA 90502 RE: The tariff classification of various lightstick (glow stick) items from Mexico and China. Dear Mr. Watts: In your letter dated July 31, 2012, on behalf of Amscan Incorporated, you requested a tariff classification ruling. As requested, the samples submitted, will be returned to you. SKU 311456 is described as a Super Glow, Value Pack, Eco-Pack. The item consists of 6, lightstick necklaces with each having a dangling pendant (ornament) and a lanyard for wearing around one’s neck; and 24, eight inch lightsticks with 24 connectors for connecting around one’s wrist or neck, or for forming into other varying novelty articles. Both the pendant and lightsticks are composed of plastic with a chemical mixture contained within. SKU 311002 is described as a Super Glow, 4 Glow Necklaces. The item consists of 4, twenty-two inch lightsticks with 4 connectors that can be formed into a necklace or formed into other varying novelty articles. The lightsticks are composed of plastic with a chemical mixture contained within. SKU 311016 is described as a Let’s Party! Glow Stick Jewelry. The item consists of 3, eight-inch lightsticks that can be formed into bracelets and worn around one’s wrists, or can be formed into other varying novelty articles; 2, six-one/quarter inch lightsticks that can be formed into hoops and attached to their clip-on findings creating earrings, or can be formed into other varying novelty articles; and 1, three-inch lightstick pendant with necklace cord. The lightsticks are composed of plastic with a chemical mixture contained within. 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. In this instance only, for SKU 311016 Let’s Party! Glow Stick Jewelry, we are of the opinion based on the contents of the good, i.e. clip-on earring findings and necklace cord, that the constituent parts of the kit fall within the meaning of imitation jewelry as stipulated in the tariff schedule, and moreover, such parts will be used to form imitation jewelry pieces, even though, the eight inch and six-one/quarter inch lightsticks can be formed into other articles than bracelets or hoops of earrings. See United States v. Quon Quon Company, No. 4945, 1 C.A.D. 699., dated January 9, 1959. The three items of the merchandise concerned are composed of different components (chiefly plastic and an illuminating chemical mixture), and are therefore, considered composite goods. Regarding the essential character of the items, the Explanatory Notes (ENs) to the HTSUS, at GRI 3 (b) (VIII), state that the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the material or component that imparts the essential character to the composite good. Upon inspection of the goods contained in SKU 311456 Super Glow, Value Pack, Eco-Pack, we are of the opinion that the item does not meet the meaning of “goods put up in sets for retail sales,” as stipulated in the ENs, General Rules for the Interpretation of the Harmonized System, Rule 3 (b), Note (X), to the Harmonized Tariff Schedule. The item contains 6 necklaces with their lanyards and 24, eight inch lightsticks, which can be formed into varying novelty items not dedicated to the forming of jewelry pieces. Accordingly, the necklaces and lightsticks are not put up to meet a complementary purpose, and therefore are classified separately. As in part with SKU 311456, SKU 311002 Super Glow, 4 Glow Necklaces, the lightsticks are not dedicated to the forming of jewelry pieces, but rather, can be used to form varying novelty articles. For SKU 311456, the six necklaces, each with a pendant, and the 24, eight inch lightsticks, the chemical mixture, inside each pendant or plastic lightstick tube, imparts the essential character to these goods. For SKU 311002, the 4, twenty-two inch lightsticks, the chemical mixture, inside each of the plastic lightstick tubes, imparts the essential character to these goods. For SKU 311016, the plastic lightstick tubes that can be formed into bracelets and earrings, or the dangling pendant in the form of a lightstick tube, the chemical mixture, inside each of the plastic lightstick tubes, imparts the essential character to these items. It is the mixture that induces the color and provides the novelty for these items. The applicable subheading for the 6 necklaces of SKU 311456, Super Glow, Value Pack, Eco-Pack and SKU 311016 Let’s Party! Glow Stick Jewelry, will be 7117.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: 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 the 24, eight inch lightsticks of SKU 311456, Super Glow, Value Pack, Eco-Pack and SKU 311002 Super Glow, 4 Glow Necklaces, 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% 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 Neil H. Levy at (646) 733-3036. Sincerely, Thomas J. Russo Director National Commodity Specialist Division