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NY J86599




July 3, 2003

CLA-2-95:RR:NC:SP:225 J86599

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of “Night Glow Eyeglasses” from China.

Dear Ms. Santos:

In your letter dated June 19, 2003, you requested a tariff classification ruling.

You have submitted a sample of “Night Glow Eyeglasses” identified as item number 242756. The item consists of two green lightsticks, a T-shaped nose piece connector and two plastic ear pieces. The lightsticks are plastic sticks containing chemicals that light up as a result of a chemical reaction caused when the lightsticks are bent, snapped and shaken. Each glowing lightstick is then inserted into the T-shaped nosepiece and connected to the two plastic ear pieces to form “glowing” eyeglasses.

Although you indicate that the item will be marketed and sold for the Halloween holiday, the “Night Glow Eyeglasses” does not possess a motif exclusively tied to the Halloween holiday and therefore cannot be classified as a festive article. In fact, the item can be used for amusement at any time of the year. A similar product, “Glow Eyeglasses”, has been previously ruled on (NY H89509 dated March 22, 2002) and classified as a toy under subheading 9503 of the Harmonized Tariff Schedule.

Your sample is being returned as requested.

The applicable subheading for the “Night Glow Eyeglasses” identified as item number 242756 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” The rate of duty will be free.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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