CLA-2-96:OT:RR:NC:N4:433
Long Vu
Classification Manager – Customs Compliance
Walgreen Co.
304 Wilmot Road, MS# 3163
Deerfield, IL 60015
RE: The tariff classification of “glow-in-the-dark” items from China.
Dear Mr. Vu:
In your letter dated February 15, 2016, you requested a tariff classification ruling. As requested, the samples submitted will be returned to you.
The merchandise concerned is identified as the “WIC 932570, Patriotic Glow PDQ.” The PDQ (Product Display Quickly or Point of Display Unit) consists of an assortment of six styles of Grafix glow-in-the-dark patriotic items. Item 12128-02252 is the “Grafix Glow in the dark 8pk Glow Bracelets,” item 12128-02253 is the “Grafix Glow in the dark 2pk Glow Pendant,” item 12128-02720 is the “Grafix Glow in the dark Glow Flag,” item 12128-02721 is the Grafix Glow in the dark Glow Wand,” item 12128-02722 is the Grafix “Glow in the dark Glow Headband,” and item 12128-02756 is the Grafix Glow in the dark Glow Necklace.” The PDQ includes 7 pieces of the 8pk Glow Bracelets, 11 pieces of the 2pk Glow pendent, 7 pieces of the Glow Flag, 7 pieces of the Glow Wand; 5 pieces of the Glow Headband, and 11 pieces of the Glow Necklace.
We find that the Patriotic Glow PDQ is not a set for tariff purposes, in that the six styles are bulk organized for incorporation into a display unit over that of being packaged together, with one of each style, ready for retail sale. As such, each style is individually classified.
Each package of item 12128-02252, Glow Bracelets, consists of 8 glow sticks and 8 connectors. A photo on the packaging indicates that one can make 8 small connecting bands. No other jewelry findings were provided with this item, such as beads, charms, pendants, bails and the like to demonstrate that the use of the glow sticks is predominately to create jewelry pieces. Although marketed as the Glow Bracelets no proof was furnished to indicate that the 8 pieces of glow sticks are principally used in the creating of bracelets or any other type of jewelry. The plastic sticks contains a liquid substance, that when, the tubes are bent or shaken will begin to glow. Consequently, the merchandise concerned is {not} classifiable as imitation jewelry in heading 7117 of the Harmonized Tariff Schedule of the United States (HTSUS).
Each package of item 12128-02253, Glow Pendant, consists of 2 glow sticks, 2 connectors and 2 “landyards.” A photo on the packaging indicates that one can make 2 pendant-like necklaces.
Each of the pendants’ connectors has a “bail type hole” in which to thread the “landyard” cord. Each dangling pendant is in the form of a cylindrical, round tube. The plastic pendants contains a liquid substance, that when, the tubes are bent or shaken will begin to glow. Based on the characteristics of the merchandise concerned, it is opinion that the item is classifiable as imitation jewelry in heading 7117 of the HTSUS – see Legal Note 11 in conjunction with Legal Note 9 (a) of Chapter 71, HTSUS.
For item 12128-02253, Glow Pendent, the chemical mixture inside the plastic tube allows the pendant to light up, and therefore imparts the essential character to the item; it is the mixture that provides the novelty for these jewelry pieces. See the Explanatory Notes to the HTSUS, General Rules of Interpretation, Rule 3 (b) VII, VIII and IX.
Each package of item 12128-02720, Glow Flag, consists of 1 glow stick and 1 flag. A photo on the packaging indicates that the plastic glow stick represents the flagpole which goes into a hole in the body of the plastic flag. The flag has red stripes interspersed between clear stripes and an area of blue containing stars. The plastic flagpole contains a liquid substance, that when, the tube is bent or shaken will begin to glow.
Each package of item 12128-02721, Glow Wand, contains 1 glow stick and 1 star shape. A photo on the packaging indicates that the plastic glow stick represents the pole which goes into a hole in the body of the star-shaped wand. The pole is red, white and blue, and the star is red. The plastic flagpole contains a liquid substance, that when, the tube is bent or shaken will begin to glow.
Each package of item 12128-02722, Glow headband, contains 1 headband, 2 star shapes and 1 glow stick. A photo on the packaging indicates that the plastic glow stick crowns over the headband illuminating the two stars. The plastic stick contains a liquid substance, that when, the tube is bent or shaken will begin to glow.
Each package of item 12128-02756, Glow Necklace, consists of 3 glow sticks and 3 connectors. A photo on the packaging indicates that one can make 1 connecting band. No other jewelry findings were provided with this item, such as beads, charms, pendants, bails and the like to demonstrate that the use of the glow sticks is predominately to create jewelry pieces. Although marketed as the Glow Necklace no proof was furnished to indicate that the 3 pieces of glow sticks are principally used in the creating of a necklace or any other type of jewelry. The plastic sticks contains a liquid substance, that when, the tubes are bent or shaken will begin to glow. Consequently, the merchandise concerned is {not} classifiable as imitation jewelry in heading 7117 of the Harmonized Tariff Schedule of the United States (HTSUS).
The applicable subheading for item 12128-02252, Glow Bracelets, and item 12128-02756, Glow Necklace, 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; residual products of the chemical or allied industries, 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% ad valorem.
The applicable subheading for item 12128-02253, Glow Pendant, will be 7117.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Other.” The rate of duty will be 11% ad valorem.
The applicable subheading for item 12128-02720, Glow Flag, will be 3926.40.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other articles of plastics and articles of other materials of heading 3901 to 3914: Statuettes and other ornamental articles.” The rate of duty will be 5.3% ad valorem.
The applicable subheading for item 12128-02721, the Glow Wand, will be 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” The rate of duty will be free.
The applicable subheading for item 12128-02722, the Glow Headband, will be 9615.11.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair curlers and the like, other than those of heading 8516, and parts thereof: Combs, hair-slides and the like: Of hard rubber or plastics: Other: Not set with imitation pearls or imitation gemstones.” The rate of duty will be 5.3% 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 Specialist Neil H. Levy at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division