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NY K84993





April 21, 2004
CLA-2-71:RR:NC:SP:233 K84993

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.5500; 7117.90.9000; 7117.90.7500; 7117.19.9000; 8513.10.4000

Mr. Michael Paneth
Glow-N-More, Inc.
704 Tanwood Dr.
West Hempstead, NY 11552

RE: The tariff classification of a Glow Bracelet, a Luminous Crystal Star Necklace, a Body Light, a Body Flasher, and a Flashing Stick from China.

Dear Mr. Paneth:

In your letter dated March 25, 2004, you requested a tariff classification ruling.

You have submitted various samples of accessories usually used at parties and other festive occasions. The submitted samples are as follows:

Glow Bracelet consists of a plastic tube filled with illuminating liquid to be manipulated in the form of a bracelet. To activate the Glow Bracelet the user must bend and snap along the length of the tube and shake it. Each end of the Glow Bracelet is inserted into a connector to form the bracelet.

Luminous Crystal Star is a necklace consisting of a soft plastic star, inside of which is a battery-operated light. The user must squeeze the star to turn the light on or off. Attached to the star with a metal snap hook is a textile neck cord measuring 30” in length.

Body Light is battery-operated flashing LED device made of metal with a button light that is held in place with a magnet. The user must turn the top to turn it on or off.

Body Flasher is a battery-operated flashing LED device made of metal with a plastic evergreen tree measuring approximately 1¼” w x 1½” h attached. Flashing bulbs in assorted colors illuminate the tree. The user must turn the top to turn it on or off. The essential character of the item is imparted by the plastic component.

Shining Necklace is a necklace made of an insulated electrical conductor measuring approximately 23” long. At the center of the necklace is a pendant with an LED. The ends of the necklace contain a battery and an IC chip, that, when connected, lights up the pendant.

Flashing Stick is a portable battery-operated light wand that measures approximately 7½” long. It has a built-in microprocessor that mixes four colored LEDs to create ranges of colored lighting effects through fixed color and random color-changing modes. There is also a textile lanyard affixed to the bottom metal loop for carrying.

The applicable subheading for the Glow Bracelet, the Luminous Crystal Star and the Body Flasher, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, Harmonized Tariff Schedule of the United States (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 the Glow Bracelet, 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.

The applicable subheading for the Luminous Crystal Star and the Body Flasher, if valued over 20 cents per dozen pieces or parts, will be 7117.90.7500, HTS, which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.

The applicable subheading for the Body Light will be 7117.19.9000, HTS, which provides for “Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” The rate of duty will be 11% ad valorem.

The applicable subheading for the Flashing Stick will be 8513.10.4000, HTS, which provides for “Other portable electric lamps designed to function by their own source of energy.” The rate of duty will be 3.5% ad valorem.

You have also submitted a sample of a Glow Stick. We are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Please provide a complete chemical breakdown of component materials by weight.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Andrew Stone at 646-733-3032.

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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