The tariff classification of novelty glasses from China

N246827 November 13, 2013 CLA-2-90:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NOS.: 3926.99.9980, 9004.90.0000 Ms. Jessica Ayling Sr. Customs Compliance Analyst Dollar Tree Stores, Inc. 500 Volvo Parkway Chesapeake, VA 23320 RE: The tariff classification of novelty glasses from China Dear Ms. Ayling: In your letter dated September 24, 2013 and received in this office on October 17, 2013, you requested a tariff classification ruling for four different styles of plastic glasses which you refer to as “party glasses.” The submitted samples are all identified by SKU# 975562. Style one is a black glitter, guitar shaped eyeglass frame with purple colored plastic lenses. Style two is a pink eyeglass frame with purple colored lenses and the words Happy Birthday and the look of birthday candles adorning the top. Style three, described as shutter glasses, have no lenses, either protective or corrective.  They are molded of plastics to incorporate horizontal bars that partially block one’s vision.  Style 4, described as glitter shutter glasses, are similar to style 3 except they are in the shape of stars.  They also have no lenses and are molded to incorporate horizontal bars that partially block one’s vision.  The plastic surface is coated with glitter. Each pair of glasses is sold individually with cardboard header card. The words “party glasses” are printed on the front of each card. Each card contains the following on the back: “WARNING: Novelty Glasses are not to be worn outside as sunglasses to protect the eyes against strong sunlight.” The applicable subheading for styles three and four, the shutter glasses with no lenses, will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other.  The rate of duty will be 5.3 percent ad valorem. The applicable subheading for styles one and two, the novelty black glitter guitar shaped glasses and the pink happy birthday glasses, will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles and the like, corrective, protective or other; other. The rate of duty will be 2.5 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/. As stated on the header cards, the “party glasses” are not designed to protect against strong sunlight. No mention is made on either the card or in your letter of impact safety. Please be advised that the US Food and Drug Administration requires that the lenses in eyeglasses and sunglasses be impact resistant. In order to comply with the FDA requirements, you should contact that office at:  Food and Drug Administration, Division of Regulatory Guidance, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002. 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 Barbara Kiefer at (646) 733-3019. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division