The tariff classification of glow in the dark items from China.

N266905 August 18, 2015 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 3919.90.5060; 7117.90.7500; 9503.00.0073 Tonja Davenport Customs Senior Analyst Dollar General Corp 100 Mission Ridge Goodlettsville, TN 37072-2170 RE: The tariff classification of glow in the dark items from China. Dear Ms. Davenport: In your letter dated July 17, 2015, you requested a tariff classification ruling. Per your request the five samples will be discarded. SKU # 1-644-6301 is identified as the Tri-Color Glow Patriotic Power Panel. The good is an assortment that consists of five “Glow’ N fun” items. As described on the retail packaging: item 1 is the “Glow Bracelet Party Pack; item 2 is the Glow Bracelet & Glow Necklace; item 3 is the Glow Flag; item 4 is the Glow Necklace Party Pack; and item 5 is the Glow Wand. All of the Glow’ N fun items have the American flag theme of red, white and blue, and are marked to indicate not for children under 3 years. The first item, the “Glow’ N fun” Glow Bracelet Party Pack contains 1 piece of safety string, 30 pieces of plastic glow in the dark beads, 3 pieces of plastic 8-inch glow sticks and 3 pieces of plastic connectors. The 30 pieces of plastic glow in the dark beads are strung onto the safety string to form a bracelet and do not fit onto the 8-inch glow sticks. The 8-inch glow sticks contain a liquid substance that when bent or shaken will begin to glow. A photo on the packaging indicates that when each of the tubes are connected, they form a circular shape that is worn around a child’s wrist. Although marketed as the Glow Bracelet Party Pack no proof was furnished to indicate that the 3 pieces of 8-inch glow sticks are principally used in the creating of bracelets or any other type of jewelry. The second item, the “Glow’ N fun” Glow Bracelet & Glow Necklace contains 10 pieces of 8-inch glow sticks and 10 pieces of plastic connectors. The 8-inch glow sticks contain a liquid substance that when bent or shaken will begin to glow. A photo on the packaging indicates that one can make 4 small connecting bands and 2 large connecting bands. No other jewelry findings were provided with this item, such as beads, charms, pendants, bails and the like to demonstrate that the use of the glow sticks is predominately to create jewelry pieces. Although marketed as the Glow Bracelet & Glow Necklace no proof was furnished to indicate that the 10 pieces of 8-inch glow sticks are principally used in the creating of bracelets or any other type of jewelry. The third item, the “Glow N’ Fun” Glow Flag contains 3 pieces of American flag stickers (two American flags per sticker) and 3 pieces of 8-inch glow sticks. The two flags on one sticker is a self-adhesive plastic decal that wraps around an 8-inch glow stick, forming an American flag on a flagpole. The 8-inch glow sticks contain a liquid substance that when bent or shaken will begin to glow. A photo on the packaging indicates 3 American flags, each on a flagpole. The applicable subheading for the Glow Flag will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: Other: Other: Other. The rate of duty will be 5.8 % ad valorem. The fourth item the “Glow N’ Fun” Glow Necklace Party Pack contains 2 pieces of safety string, 30 pieces of glow in the dark plastic beads and 2 pieces of 4-inch glow pendants. The 30 pieces of plastic glow in the dark beads are strung onto the safety string to form a necklace and do not fit onto the 4-inch glow pendants. Both the glow in the dark beads and 4-inch pendants contain a liquid substance that when bent or shaken will begin to glow. A photo on the packaging, depicts two necklaces where the pendants are strung on the safety sting too, either with or without the glow in the dark beads. 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 fourth item the “Glow N’ Fun” Glow Necklace Party Pack, which contains 2 pieces of safety string, 30 pieces of glow in the dark plastic beads and 2 pieces of 4-inch glow pendants, used to create two pendant necklaces, falls within the meaning of imitation jewelry. The applicable subheading for the “Glow N’ Fun” Glow Necklace Party Pack 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. The fifth item, the “Glow N’ Fun” Glow Wand contains 2 pieces of plastic stars and 2 pieces of 6-inch glow sticks. The 6-inch glow sticks contain a liquid substance that when bent or shaken will begin to glow. A photo on the packaging indicates that when the 6-inch glow sticks are pushed into the blue plastic stars, both the sticks and the stars will illuminate, although the stars by themselves contain no liquid substance that will glow. The applicable subheading for the Glow Wand will be 9503.00.0073, Harmonized Tariff Schedule of the United States (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. Duty rates are provided for your convenience and are subject to change. The text of the most recent TSUS 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 “Glow’ N fun” Glow Bracelet Party Pack and Glow’ N fun” Glow Bracelet & Glow Necklace. Your request for a classification ruling should include a complete chemical breakdown by percentage of weight (totaling 100%) for the Glow Bracelet, and for the Glow Bracelet & Glow Necklace. Pack and the CAS numbers for each chemical component need to be provided. If you decide to file for a new ruling request, please include a description of the two items in question, plus the additional information requested, and samples of the two items in question. 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: neil.h.levy@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division