The tariff classification of glow sticks from China

N209386 April 2, 2012 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.2800 Ms. Annalee Mintz Seasonal Visions International Inc. 1368 Park Avenue Emeryville, CA 94608 RE: The tariff classification of glow sticks from China Dear Ms. Mintz: In your letter dated March 12, 2012 you requested a tariff classification ruling. Three representative samples of glow sticks were included with your ruling request. Each of the samples are marketed and packaged for retail sale as glow necklaces and bracelets. Item No. 5156074 consists of twenty-two, 8" plastic sticks filled with a fluorescent liquid. The liquid is composed of 50% n-Butyl benzoate, 44% Triethyl citrate, 4% Bis (2,4,5-trichloro-6-carbopentoxyphenyl) oxalate and minimal amounts of tert-butyl alcohol, and hydrogen peroxide. The solution 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 twenty-two 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. Item no. 5156080 contains two, 10.5" light sticks, and two plastic connectors. Item no. 5156077 consists of a 6" light bar, and includes a textile lanyard for hanging around the neck. The composition of the chemical solution inside the plastic sticks for Item nos. 5156080 and 5156077 is the same. The light sticks and light bar are composite goods with the essential character imparted by the chemical mixture. The items, containing over 5% of aromatic substances, are multi-purpose light sticks designed for use by children 5 years and older. The samples are being returned as requested. The applicable subheading for Item nos. 5156074, 5156080, and 5156077, 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