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NY H89510




March 25, 2002

CLA-2-71:RR:NC:SP:233 H89510

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9150; 7117.90.5500; 7117.90.9000

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

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

Dear Ms. Liu:

In your letter dated February 27, 2002, you requested a tariff classification ruling.

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

C68D0035 – Night Glow Stick (10mm dia x 150mm L) C68D0036 – 4” Night Stick (10mm dia x 100mm L) C68D0027 – Night Glow Stick (15mm dia x 150mmL) C68D0025 – Glow Eyeglasses
C68D0032 – 3 Piece Pack Glow Bracelet
C68D0052 – 3 Piece Pack Night Glow Bracelet C68D0055 – 3 Piece Pack Night Glow Earrings C68D0024 – 10.5” Glow Necklace

When the Lightsticks are ready to be used, they are bent, snapped along the entire length and shaken to activate the glow.

The applicable subheading for C68D0035 Night Glow Stick, C68D0036 4” night Stick and C68D0027 Night Glow Stick will be 3824.90.9150, Harmonized Tariff Schedule of the United States (HTS), 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.

The applicable subheading for C68D0032 3 Pack Glow Bracelet, C68D0052 3 Piece Pack Night Glow Bracelet, C68D0055 2 Piece Pack Night Glow Earrings, and C68D0024 10.5” Glow Necklace, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, HTS, which provides for imitation jewelry: other: other: valued not over 20 cents per dozen pieces or parts: other. The rate of duty will be 7.2% ad valorem.

The applicable subheading for C68D0032 3 Pack Glow Bracelet, C68D0052 3 Piece Pack Night Glow Bracelet, C68D0055 2 Piece Pack Night Glow Earrings, and C68D0024 10.5” Glow Necklace, if valued over 20 cents per dozen pieces or parts, will be 7117.90.9000, HTS, 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.

A classification ruling on C68D0032 Glow Eyeglasses will be issued under separate cover.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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