The tariff classification of Glow Bracelets and Necklaces, Item No. 825374 from China

N121896 September 29, 2010 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.2800 Mr. Brian G. Pearce Barthco International, Division of OHL One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of Glow Bracelets and Necklaces, Item No. 825374 from China Dear Mr. Pearce: In your letter dated September 2, 2010, you requested a tariff classification ruling on behalf of your client CVS/Caremark. A sample was submitted with your ruling request for review and will be returned as requested. The item, packed for retail sale as Glow Bracelets and Necklaces, consist of eight, neon glow, 8" light sticks. The sticks are filled with a fluorescent liquid composed of 90% Dimethyl phthalate, 9.974% Bis (2-carbopentoxy-3,5,6-trichlorophenyl) oxalate, and minimal amounts of tertbutyl alcohol, hydrogen peroxide, sodium salicylate and green dye. The light stick is activated by bending and snapping the entire length of the tube and shaking it, producing a thin wand of glowing color. Also included are eight connectors which are hollow sections of clear plastic tubing measuring approximately 1¼" in length. The connectors are used to join the light sticks at the ends giving the item multiple uses. The item is designed for use by children 5 years and older. In your letter you suggested the classification under 7117, HTSUS which provides for Imitation jewelry. The light sticks have multiple uses and are not dedicated to a principle use as would be required for classification in heading 7117, HTSUS. The Explanatory Notes to heading 3824, HTSUS, indicate that the preparations and chemical products of that heading include:(34) Articles producing a lighting effect by the phenomenon of chemiluminescence, e.g., lightsticks in which the lighting effect is obtained by a chemical reaction between oxalic acid type esters and hydrogen peroxide in the presence of a solvent and a fluorescent compound. The item, containing over 5% by weight of an aromatic substance, is properly classified under 3824, HTSUS. The applicable subheading 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: Other: Other: 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. 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 Richard Dunkel at (646) 733-3032. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division