The tariff classification of Glow Sticks from China

N259267 December 16, 2014 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.2800 Peggy O’Brien Amscan, Inc. 25 Green Pond Road Suite 1 Rockaway, NJ 07866 RE: The tariff classification of Glow Sticks from China Dear Ms. O’Brien: In your letter dated November 12, 2014, you requested a tariff classification ruling. Four representative samples were included with your ruling request and will be returned as requested. The samples are marketed and packaged for retail sale as imprinted glow sticks in various colors. Item numbers 311413, 391568, 311343, and 311386, “Glow Sticks”, consist of four 6" imprinted plastic tubes filled with a fluorescent liquid, a connector on one end, and four lanyards that can be attached for wearing. The liquid in all four samples is composed of 92 percent Dimethyl phthalate, 4.8 percent Bis[3,4,6-trichloro-2-(pentyloxycarbonyl)phenyl] oxalate, and minimal amounts of Hydrogen peroxide, Poly(ethylene glycol), and dye. The solution is activated by bending the entire length of the tube and shaking it, producing a glowing color. Although you suggest classification of the Glow Sticks under tariff subheading 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), the subject merchandise is not similar to “Articles of Jewelry” as defined in Legal Notes 9 and 11 to the HTSUS. Although the Glow Sticks hang like a pendant, they are not ornaments worn for personal adornment, such as the likes of pendants having the appearance of being of base metals assimilating precious metals, and containing imitation precious and semi-precious gemstones. Consequently, the Glow Sticks with lanyards are not classifiable as imitation jewelry of heading 7117, HTSUS. The applicable subheading for the Glow Sticks 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 Patrick Day at patrick.day@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division