CLA-2-38:OT:RR:NC:N3: 139
Keren Corona
JaRu Incorporated
12901 Flagler Center Boulevard
Jacksonville, FL 32258
RE: The tariff classification of glo sticks from China
Dear Ms. Corona:
In your letter dated October 25, 2023, and through previous filings and email correspondence, you requested a tariff classification ruling. A sample was submitted, which will be retained by this office.
The items under consideration are designated as “Nite Glo Stick PDQ (36)” They are described as translucent plastic tubes containing isolated chemical substances that, when combined, make light through chemiluminescence. The light cannot be turned off and can be used only once. The used tube is then thrown away.
The glo sticks themselves are packed individually in foil bags. Each stick consists of an outer plastic tube that is 5½” long and 5/8” wide at the bottom. The top of the tube consists of a plastic hook, with an eyelet hole of ¼” diameter beneath it. This would allow the tube to be either hung from somewhere or threaded on an appropriate cord. Inside of the plastic tube is a glass tube which contains approximately 9 ml of the isolated chemical substances that causes the glowing when activated. The substances are said to be Methyl phthalate, Bis[3,4,6-trichloro-2-(pentyloxycarbonyl)phenyl] oxalate, Dimethoxy dipropyleneglycol, Hydrogen perioxide, and other minor ingredients. To activate the glowing, the instructions on the foil bag state that the user must bend the outer tube, then snap and shake it until the entire stick glows evenly. There are six different possible colors for which a stick could glow with, with that individual stick’s particular color being identified on its outer foil bag.
The applicable subheading for the “Nite Glo Stick PDQ (36)” will be 3824.99.2900, 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: 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.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3824.99.2900, HTSUS, unless specifically excluded, are subject to an additional 25 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 3824.99.2900, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/current.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing to [email protected], or by visiting their website at www.epa.gov.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist John Bobel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division