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NY G80975




September 13, 2000

CLA-2-36:RR:NC:N2:237 G80975

CATEGORY: CLASSIFICATION

TARIFF NO: 3604.90.0000

Mr. Kenneth Wong
32 Via Costa Verde
Rancho Palos Verdes, CA 90275

RE: Classification of a novelty pyrotechnic device from China.

Dear Mr. Wong:

In your letter dated August 2, 2000 you requested a tariff classification ruling. The product consists of a five inch long white plastic lily surrounded by 8 pink plastic petals. The lily contains a pyrotechnic device and music chip. The end of each petal holds a wax birthday candle folded into the lily. When lit, a flare lights the candles, opens the petals and plays music.

The applicable subheading for the novelty pyrotechnic device will be 3604.90.0000, HTSUS, which provides for other pyrotechnic articles. The rate of duty is 6.5 percent ad valorem.

Since the product is intended for use on birthday cakes, you are advised to contact the Consumer Product Safety Commission, Washington, D.C. 20207-0001 for safety standards and regulations.

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 NIS Frank Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director, National Commodity Specialist Division


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