CLA-2-38:OT:RR:NC:2:239
Mr. Gregory Watts
Damco Customs Services Inc.
680 Knox St., Suite 200
Torrance, CA 90502
RE: The tariff classification of glow sticks from China
Dear Mr. Watts:
In your letter dated July 31, 2012, on behalf of your client Amscan Inc., you requested a tariff classification ruling. A representative sample of the glow sticks was included with your ruling request. The sample is marketed and packaged for retail sale as glow bracelets.
Item No. 311021, “Super Glow 100 Glow Sticks”, consists of one hundred 8" plastic sticks filled with a fluorescent liquid. The liquid is composed of 92 percent dimethyl phthalate, 4.8 percent Bis(2,4,5-trichloro-6-carbopentoxyphenyl) oxalate, and minimal amounts of polyethylene glycol, hydrogen peroxide, and green dye. The solution is activated by bending and snapping the entire length of the tube and shaking it, producing a glowing color. Also included are one hundred connectors which are hollow sections of clear plastic tubing measuring approximately 7/8" in length. The connectors are used to join the light sticks at the ends giving the item multiple uses.
In your letter you suggest classification under 7117, HTSUS which provides for imitation jewelry. The light sticks have multiple uses and are not dedicated to a principle use as would be required for classification in heading 7117, HTSUS.
The Explanatory Notes to heading 3824, HTSUS, indicate that the preparations and chemical products of that heading include: (34) Articles producing a lighting effect by the phenomenon of chemiluminescence, e.g., light sticks in which the lighting effect is obtained by a chemical reaction between oxalic acid type esters and hydrogen peroxide in the presence of a solvent and a fluorescent compound. The item, containing over 5% by weight of an aromatic substance, is properly classified under 3824, HTSUS.
The sample is being returned as requested.
The applicable subheading will be 3824.90.2800, 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.
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 Richard Dunkel at (646) 733-3032.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division