The tariff classification of glow sticks from Mexico

N229103 August 31, 2012 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.2800 Mr. Gregory Watts Damco Customs Services Inc. 680 Knox St., Suite 200 Torrance, CA 90502 RE: The tariff classification of glow sticks from Mexico Dear Mr. Watts: In your letter dated July 31, 2012, on behalf of your client Amscan Inc., you requested a tariff classification ruling. Three representative samples of the glow sticks were included with your ruling request. The samples are marketed and packaged for retail sale as glow necklaces, bracelets, and wands. Item No. 319563.03, “Super Glow Glow Bracelet”, consists of two 8" plastic sticks filled with a fluorescent liquid and two connectors which are hollow sections of clear plastic tubing measuring approximately 1¼" in length. Item No. 311003.03, “Super Glow Glow Necklace”, consists of three 8" plastic sticks filled with a fluorescent liquid and three connectors which are hollow sections of clear plastic tubing measuring approximately 1¼" in length. Item No. 311013, “Super Glow Tri-Color Part Wand”, consists of three 8" plastic sticks filled with a fluorescent liquid, packaged in a plastic tube which can be used as a handle. The liquid in all three samples is composed of 92 percent dimethyl phthalate, 4.8 percent Bis(2,4,5-trichloro-6-carbopentoxyphenyl) oxalate, and minimal amounts of polyethylene glycol, hydrogen peroxide, and green dye. The solution is activated by bending and snapping the entire length of the tube and shaking it, producing a glowing color. The connectors in items 319563.03 and 311003.03 are used to join the light sticks at the ends giving the items multiple uses. In your letter you suggest that items 311003.03 (Super Glow Glow Necklace) and 319563.03 (Super Glow Glow Bracelet) be classified in heading 7117, HTSUS, which provides for imitation jewelry. The light sticks have multiple uses and are not dedicated to a principle use as would be required for classification in heading 7117, HTSUS. You also suggest classification of item 311013 (Super Glow, Tri-Color Wand) as a toy in heading 9503, HTSUS. The item is not a toy principally designed for amusement. The “handle” does not transform or establish the commercial identity of the product as a toy. The Explanatory Notes to heading 3824, HTSUS, indicate that the preparations and chemical products of that heading include: (34) Articles producing a lighting effect by the phenomenon of chemiluminescence, e.g., light sticks in which the lighting effect is obtained by a chemical reaction between oxalic acid type esters and hydrogen peroxide in the presence of a solvent and a fluorescent compound. The items, which contain over 5% by weight of an aromatic substance, are properly classified under 3824, HTSUS.  The samples are being returned as requested. The applicable subheading for all the products 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 Richard Dunkel at (646) 733-3032. Sincerely, Thomas J. Russo Director National Commodity Specialist Division