Classification of "Smoke Ball Bag" pyrotechnic smoke makers from China.

NY L83406 March 25, 2005 CLA-2-34:RR:NC:SP:237 L83406 CATEGORY: Classification TARIFF NO.: 3604.10.9010 Ms. Lorianne Aldinger RITE AID Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: Classification of “Smoke Ball Bag” pyrotechnic smoke makers from China. Dear Ms. Aldinger: In your letter of March 10, 2005 you requested a classification ruling. Item #939697 “Smoke Ball Bag” consists of small 1”D spherical paper parcels containing a potassium nitrate based pyrotechnic compound, packed in a bag (12 pieces) and designed to produce a cloud of colored smoke when a fuse is lit. Your sample is being returned. The applicable subheading for the “Smoke Ball Bag” will be 3604.10.9010, Harmonized Tariff Schedule of the United States (HTSUS), for class 1.4G fireworks. The rate of duty is 5.3 percent ad valorem. This article may be subject to the laws and regulations administered by the Consumer Product Safety Commission (CPSC). You may contact their Office of Compliance, Washington, D.C. 20207-0001, telephone (301) 504-7913. 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 time the merchandise is imported. If you have any questions contact National Import Specialist Frank Cantone at (646) 733-3038. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division