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NY L81386




January 3, 2005

CLA-2-38:RR:NC:2:239 L81386

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.2800

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

RE: The tariff classification of Night Glow Toy (C79N0354), Glow Stir Stick (C79N0355), and Glow Straw (C79N0356) from China.

Dear Ms. Liu:

In your letter dated November 29, 2004, you requested a tariff classification ruling for the above products. The three items contain plastic tubes that hold a fluorescent liquid composed of butyl benzoate, dimethyl phthalate, hydrogen peroxide, phenyloxalate ester, and 9,10-bis(phenyl ethynyl)anthracene. The tubes are activated when the outer tube is bent, causing the enclosed chemicals to mix, forming another mixture which fluoresces.

The applicable subheading for all the products will be 3824.90.2800, 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: mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: other. The rate of duty will be 6.5 percent ad valorem.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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