CLA-2-34:RR:NC:SP:237 L83404
Ms. Lorianne Aldinger
RITE AID Corporation
P.O. Box 3165
Harrisburg, PA 17105
RE: Classification of “Phantom Fun Bag” pyrotechnic noise makers from China.
Dear Ms. Aldinger:
In your letter of March 10, 2005 you requested a classification ruling. Item #939702 “Phantom Fun Bag” contains 12 Party Poppers, 4 boxes of Bang Snaps (50 count) and 4 Magnum Poppers. Your sample is being returned.
Party Poppers (1”D x 2-1/4”H) and Magnum Poppers (1”D x 4”L) consist of small plastic bottles containing a potassium chlorate based pyrotechnic compound designed to make a loud popping noise and shoot confetti when a string is pulled. Bang Snaps consist of small 3/8”D spherical paper parcels containing a silver nitrate based pyrotechnic compound designed to make a loud noise when thrown to the ground.
The applicable subheading for the “Phantom Fun Bag” will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), for other pyrotechnic articles. The rate of duty is 6.5 percent ad valorem.
This article may be subject to the laws and regulations administered by the Consumer Product Safety Commission (CPSC). You may contact their Office of Compliance, Washington, D.C. 20207-0001, telephone (301) 504-7913.
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 time the merchandise is imported. If you have any questions contact National Import Specialist Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director, National Commodity
Specialist Division