The tariff classification of glow sticks from China

N224239 July 20, 2012 CLA-2-38:OT:RR:NC:N2:239 CATEGORY: Classification TARIFF NO.: 3824.90.2800 Mr. Aaron Cullen Barthco International Division of OHL One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of glow sticks from China Dear Mr. Cullen: In your letter dated July 2, 2012 you requested a tariff classification ruling on behalf of your client CVS/Caremark. Three samples of Item number 887233 were submitted with your ruling request for review and will be returned as requested. Item number 887233 is an assortment of "Halloween Glow in the Dark Wands." The assortment consists of three different styles, a "Glow Star," "Glow Ax," and "Glow Pitchfork." Each style is comprised of a glow stick with a different attachment consisting of a plastic star, ax, and pitchfork. The glow sticks are filled with a fluorescent liquid and chemical activator composed of dimethyl phthalate, butyl benzoate, bis[2,3,5-trichloro-6-[(pentyloxy)carbonyl]phenyl] oxalate, hydrogen peroxide, water, and a minimal amount of dye. The glow sticks, containing over 5 percent of aromatic substances, are activated by bending and snapping the entire length of the tube, and shaking it producing a thin wand of glowing color. The items are individually packaged for retail sale as glow in the dark wands. The items, marketed and sold during the Halloween season, are designed for use by children 5 years and older. Although the items will be marketed and sold for Halloween, there is nothing that limits the use of these items to any particular holiday. The items are not recognized festive motifs and are suitable for year round use. The applicable subheading for the Halloween Glow in the Dark Wand Assortment 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 Specialist Richard Dunkel (646) 733-3032. Sincerely, Thomas J. Russo Director National Commodity Specialist Division