CLA-2-38:OT:RR:NC:N3:139
Ms. Terry Bush
Excite USA 4393 Sunbelt Dr
Addison TX 75001
RE: The tariff classification of Glow Sticks from China
Dear Ms. Bush:
In your letter dated May 14, 2019, you requested a tariff classification ruling. We have received and reviewed the sample you submitted. This sample will not be returned to you.
The product is identified as “Fun and Easy Glow Sticks” or “Glow Sticks 10-Pack.” The product comes in a package that contains 10, four inch glow sticks with 10 plastic carrying cords. According to the documentation provided, the item will be a fun light-up glow stick for use at parties, camping, fireworks displays, etic, intended for ages 4 and up. In order to activate the product, the user is instructed to bend the entire light stick, snap and shake, and link up.
The mixture inside the plastic tube allows the glow sticks to light up. The mixture is comprised of dimethyl phthalate, tributyl citrate, butyl benzoate, bis[2,3,5-trichloro-6-[(pentyloxy)carbonyl]phenyl] oxalate, polyethylene glycol, Anthra[2,1,9-def:6,5,10-d’e’f’]diisoquinoline-1,3,8,10(2H,9H)-tetrone,2,9,-bis[2,6-bis(1-methylethyl)phenyl]-5,6,12,13-tetraphenoxy, 9,10-bis(4-methoxyphenyl)-2-chloroanthracene, 1,8-Dichloro-9,10-bis(phenylethynyl) anthracene, 9,10-bis(phenylvinyl) anthracene, 9,10-diphenylanthracene, and H20.
The applicable subheading for the “Fun and Easy Glow Sticks” will be 3824.99.2890, 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
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3824.99.2890, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Patrick Day at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division