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NY M81230




March 21, 2006

CLA-2-38:RR:NC:2:239 M81230

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.2800; 7117.90.5500; 7117.90.9000

Ms. Irene Tsiavos
FunWorld
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of Glow Light-Sticks (Item #8050 and #8051), a Glow Bracelet (Item #8052), and a Glow Necklace (Item #8053) from China.

Dear Ms. Tsiavos:

In your letter dated March 8, 2006, you requested a tariff classification ruling for the above products. Samples were submitted with your inquiry.

The Glow Light-Sticks (Items #8050 and #8051), which can be worn around the neck, consist of clear plastic tubing. Each light-stick is filled with two chemical preparations (dimethyl phthalate and butyl benzoate). One preparation is sealed in a small glass ampule, within the plastic tubing. The second preparation is used to fill the tube around the glass ampule. The consumer, when he/she wishes to activate the product, simply has to bend the tube in several places. When the plastic tube is bent, the glass ampule walls are broken, the two chemical preparations mix and the resultant mixture begins to fluoresce, producing a thin wand of soft glowing color.

The applicable subheading for the Glow Light-Sticks will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTSUS), 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.

The applicable subheading for the Glow Necklace (Item #8053) and Glow Bracelet (Item #8052), which are activated similar to the Light-Sticks, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, HTSUS, 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. If valued over 20 cents per dozen pieces or parts, the applicable subheading will be 7117.90.9000. The rate of duty will be 11 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Richard Dunkel at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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