CLA-2-36:OT:RR:E:NC:N2:237
Ms. April J. Collier, LCB, CCS
Sr. Trade Compliance Advisor
Pacific Custom Brokers, Inc.
P.O. Box 4505
Blaine, Washington 98231-4505
RE: The tariff classification of Mystical Fire flame colorant packets from Canada.
Dear Ms. Collier:
In your letter dated July 26, 2010, on behalf of the Mystical Distributing Co. Ltd. of Abbotsford, British Columbia, you requested a tariff classification ruling.
Mystical Fire consists of individual foil packets containing 25 grams of pyrotechnic composition: 65% cupric sulfate, 23% cupric chloride and 12% polyvinyl chloride. The packets are designed to be tossed into a wood burning fire such as an outdoor campfire or an indoor fireplace and then viewed at a safe distance as they burn and produce colorful flames.
In your letter you propose classification in subheading 3824.90.3900, HTSUS, which provides for chemical products and preparations of the chemical or allied industries not elsewhere specified or included. However, Mystical Fire flame colorant packets are more specifically provided for in subheading 3604.90.0000, HTSUS, which provides for: Fireworks, signaling flares, rain rockets, fog signals and other pyrotechnic articles: Other, as explained below.
“The importer states that this item, which they intend to import, is not a pyrotechnic, nor does it have a pyrotechnic composition. It is merely a combination of three chemical (noted above) that cause a fire to change color. Cutting up a garden hose and putting it in a fire would attain the same effect. The product also has no gunpowder in its composition. Pyrotechnic compositions have the ability to burn once lit because they have an oxidizer within the chemical composition. Once flame is introduced, the reaction (burning) will self-perpetuate. Mystical Fire Flame Colorant (Mystical Fire) is not a pyrotechnic composition because it does not have an oxidizer and does not have the ability to burn once lit. Rather, the effect requires heat from a constant flame to react and will not burn independently.”
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The General EN to Chapter is applicable to your product and provides: Articles prepared from explosive, pyrophoric, inflammable or combustible products for producing light, sound, smoke, flame or sparks (e.g., pyrotechnic products, matches, ferro-cerium and certain combustible preparations) are also classified here. The EN to Heading 36.04 provides: This heading covers pyrotechnic articles capable of producing luminous, acoustic, gaseous, smoke-producing or incendiary effects, including: (1) Pyrotechnic articles for amusement: (a) Fireworks (bombs, fuses, maroons, jets, candles, luminous torches, Bengal matches and lights, etc.) the purpose of which is to provide entertainment through the acoustic, luminous or smoke producing effects of their combustion. Firing is ensured by a firing powder, such as black powder, integrated into the article and fired by an electric fuse head or a primer fuse. (b) Pyrotechnic toys, such as caps for toy pistols, magic candles, and snaps for Christmas crackers. The combustion of these pyrotechnic toys causes only limited effects.
Your product consists of a pyrotechnic composition in packet form designed to be tossed into a wood burning fire and then viewed at a safe distance as it burns and produces colorful flames. Your product is more specifically meets the EN 36.04 (1) (b) description for a pyrotechnic toy the combustion of which causes only limited acoustic, luminous or smoke effects.
Pyrotechnics require chemicals with very specific properties and characteristics in specific proportions to create a desired effect. All pyrotechnic compositions contain an oxidizer and a fuel component. Color intensifiers are used to produce luminous effects. Pyrotechnic articles designed to produce luminous effects use combinations of certain chemicals which when heated produce various wavelengths of colors as they become increasingly hotter. The chemical composition of your product is precise: 65% cupric sulfate (CuSO4), 23% cupric chloride (CuCl2) and 12% polyvinyl chloride (C2H3Cl). The chemical ingredients react when activated by the intense heat of the open flame. The cupric sulfate and cupric chloride ingredients like all copper compounds emit green-blue color when introduced into an open flame. Polyvinyl chloride is an ingredient which is used as a fuel in pyrotechnic devices (Hawley’s Condensed Chemical Dictionary 14th Edition). Cupric sulfate (CuSO4), with its four oxygen atoms, is an oxidizer which readily gives up its oxygen to react with the fuel in the composition. Oxygen reacts with carbon, sulfur and wood charcoal to produce hot sulfur dioxide and carbon dioxide gases. The hot gases heat the chemicals to create more intense colors as the temperature increases.
The applicable subheading for the Mystical Fire flame colorant packets will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Fireworks, signaling flares, rain rockets, fog signals and other pyrotechnic articles: Other (pyrotechnic articles). The rate of duty will be 6.5% ad valorem.
This ruling applies to the classification of the merchandise and not its admissibility under the terms of CPSC standards. You are advised to contact the Consumer Product Safety Commission, Washington, D.C. 20207-0001 (or your local CPSC office) to determine if the articles comply with pertinent safety standard regulations. The contact number for the agency is (301) 504-7913.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division