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PD B82090
March 5, 1997

CLA-2-71:K:TC:C9:G17 B82090

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9050; 7117.90.9000; 9503.90.0030

Ms. Marjorie S. Brenman
Samuel Shapiro & Company, Inc.
21 South 5th Street, Suite 735
Philadelphia, PA 19106

RE: The tariff classification of "Lightsticks" and products containing "Lightsticks" from China.

Dear Ms. Brenman:

In your letter dated February 6,1997, on behalf of Unique Industries, Inc., 2400 S. Weccacoe Avenue, Philadelphia, PA, you requested a tariff classification ruling.

You have submitted the following samples of products which light up as a result of a chemical reaction:

1. Item #5522, Party Glow Necklace, consisting of 2 lightsticks and 2 connectors. When the consumer is ready to use the item, the lightsticks are bent, snapped along the entire length and shaken. The end of each lightstick is inserted into the connectors to produce a glowing necklace.

2. Item #5512, Party Glow Earrings, consisting of 2 lightsticks and 2 clip-on earrings. As in the necklace, the lightsticks are bent, snapped along the entire length and shaken. They are then inserted into the earrings.

3. Item #5531, Party Glow Eyeglasses, consisting of 2 lightsticks, 2 T-shaped connectors and 2 plastic holders. After bending, snapping and shaking, each lightstick is inserted into the T-shaped connecting device. The plastic holders are then snapped on each side of the frames to form eyeglasses.
4. Item #5541, Party Glow Lightstick, which is also activated by bending, snapping and shaking.

In a telephone conversation with a member of my staff, you stated that item #5522, Party Glow Necklace, is valued at $0.72 each and item #5512, Party Glow Earrings, are valued at $0.80 per pair. The applicable subheading for the necklace and the earrings will be 7117.90.9000, Harmonized Tariff Schedule of the United States (HTSUSA), 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 #5531, Party Glow Eyeglasses, will be 9503.90.0030, HTSUSA, which provides for other toys . . . other: other toys (except models), not having a spring mechanism. The rate of duty will be free.

The applicable subheading for item #5541, Party Glow Lightstick, will be 3824.90.9050, HTSUSA, 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. The rate of duty will be 5% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John J. Martuge

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