CLA-2-36:RR:NC:2:237 F80000
Ms. Jennifer Scott
Expeditors International of Washington, Inc.
21318 64th Ave. South
Kent, WA 98032
RE: The tariff classification of TNT Pop-Its, Party Poppers, Magnum Poppers, Magic Pops and PUNK from China.
Dear Ms. Scott:
In your letter dated November 22, 1999, on behalf of Pyrodyne America Corporation, you requested a tariff classification ruling.
Samples covering four pyrotechnic noise-makers (TNT Pop-Its, Party poppers, Magnum poppers, magic pops) and one non-pyrotechnic wood article (a punk for lighting fireworks) submitted with your letter were examined and disposed of.
The TNT Pop-Its (also called TNT Snap’n Pops Monster Snaps, Fun Snappers, Kahuna Pops or Millenium Snaps) consist of a small spherical paper parcel or ball measuring approximately 3/8 inch in diameter with a twisted paper tail approximately 1 inch in length. Each ball contains a small quantity of explosive substance, which, when held by the stem and thrown against a hard surface, produces a noise comparable to that of an exploding toy cap. A small paper box containing 50 pop-its.
The Party Poppers (also called Champagne Party Poppers) consist of a small bottle shaped cylinder of plastic measuring 2-1/4 inches high with a 1 inch base and 3/8 inch bottleneck. There is a 3 inch string coming through the top of the bottleneck, which, when pulled, explodes a small pyrotechnic charge, causes a popping sound and expels confetti and paper spirals through an opening at the bottom of the base.
The Magnum Poppers (also called Pistol Poppers) consist of a small bottle shaped cylinder of plastic measuring 3-1/4 inches by 1 inch in diameter. At one end, there is a 1-3/4 handle with a 1 inch trigger, which, when pulled, explodes a small pyrotechnic charge, caused a popping sound and expels confetti and paper streamers through an opening at the other end. A small cellophane package contained 3 poppers.
The Magic Pops (also called Conic Party Snappers) consist of a small foil-covered paper cone measuring 6 inches long by 1 inch in diameter. There is a 3 inch string coming through the pointed end, which, when pulled explodes a small pyrotechnic charge, caused a popping sound and expels confetti and paper streamers through an opening at the other end.
The product, designated PUNK, consists of a wooden stick measuring 9-1/2 inches in length by approximately 1/8 inches in diameter, or which the top 5-3/4 inches is coated with reprocessed wood fibers. When lit, the item will burn for approximately 15 minutes, for continual use in lighting fireworks. The item contains no pyrotechnic substance or added fragrant material.
The applicable subheading for the TNT Pop-Its, Party Poppers, Magnum Poppers and Magic Pops will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other pyrotechnic articles (including pyrotechnic toys). The rate of duty will be 6.5 percent ad valorem. The rate of duty will remain unchanged in 2000.
This merchandise may be subject to the requirements of the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact them at: Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue N.W., Washington, D.C. 20226, telephone number 202-927-8500.
The applicable subheading for the PUNK will be 4421.90.9840, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of wood. The rate of duty will be 3.3 percent ad valorem. The rate of duty will remain unchanged in 2000.
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 Frank Cantone at 212-637-7018.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division