The tariff classification of a variety of glow-in-the-dark items from China

N251527 April 11, 2014 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073, 3824.90.2800, 7117.90.9000 Ms. Abby Porter Greenbrier International, Inc. 500 Volvo Parkway Chesapeake, VA 23320 RE: The tariff classification of a variety of glow-in-the-dark items from China Dear Ms. Porter: In your letter dated March 3, 2014, you requested a tariff classification ruling. A sample of 14 “glow-in-the-dark” items were received with your inquiry and will be returned as requested. Please note that ruling requests are normally limited to a maximum of five items of the same class or kind. Accordingly, kindly limit future requests to five items. All of the following items consist of plastic tubes that contain a fluorescent liquid inside them. The glow sticks are activated by bending the tube until it snaps and shaking them, allowing the chemicals to interact to produce a glowing color. They are available in a variety of colors and are imported packaged for retail sale. The items are: 001 – Necklaces – 2 sticks with end caps and lanyards for wearing 002 – Ring Toss Game – 5 light-sticks, 1 stand and 4 connectors 003 – Glow Sword – 1 stick with sword handle 004 – Glow Axe – 1 stick with axe head 005 – Glow Flower Wand – 1 stick with flower head 006 – Glow Wands – 1 stick with pictured disc on top 007 – Sparkle and Glow Necklace – 1 stick, connector and pendant 008 – 15 Bracelets – 15 sticks and connectors 009 – Glow Spray Wand – 6 sticks which fit into a sword-like handle 010 – Bracelets – 6 sticks with connectors 011 – 22” Necklaces – 2 sticks with connectors 012 – Combo Pack – 5 bracelets plus two 22” necklaces with connectors 013 – Glow Fly – 1 plastic bug with a 1.57” glow stick which fits into a cavity o the body 014 – Glow Finger Extensions – four 3.5” finger extensions curved in the shape of claws There are basically two distinct types of glow sticks that are being imported, those that can be considered as toys and those that cannot. CBP has held that a toy is an item principally designed for amusement. Items 002, 003, 004, 005, 006, 009, 013, and 014 are principally designed for amusement. Each has an incorporated feature which transforms the glow stick into an article designed for amusement purposes (e.g. wands, swords, etc.). The applicable subheading for Items 002, 003, 004, 005, 006, 009, 013, and 014 will be 9503.00.0073, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” The rate of duty will be Free. The remaining articles, Items 001, 007, 008, 010, 011 and 012, are distinguishable from the aforementioned items and are not principally designed for amusement. They have multiple uses such as being worn for personal adornment or have a utilitarian purpose. Therefore, they are not classified as toys in Chapter 95. Item No. 001, “Glow Play Sticks”, consists of two 4" plastic sticks filled with a fluorescent liquid attached with end caps and lanyards for wearing. Item No. 011, “Glow Play Necklaces”, consists of two 22" plastic sticks filled with a fluorescent liquid and two connectors which are hollow sections of clear plastic tubing measuring approximately ¼" in length. Item No. 012, “Glow Play Combo Pack”, consists of five 8" plastic sticks and two 22" plastic sticks filled with a fluorescent liquid, and seven connectors which are hollow sections of clear plastic tubing measuring approximately ¼" in length. The liquid in all three samples is composed of 92 percent Dimethyl phthalate, 5 percent Bis(2-?carbopentyloxy-?3,5,6-?trichlorophenyl) oxalate, and minimal amounts of hydrogen peroxide, and dye in various colors. The solution is activated by bending and snapping the entire length of the tube and shaking it, producing a glowing color. The connectors in items 011 and 012 are used to join the light sticks at the ends giving the items multiple uses. Item No. 008, “Glow Play Bracelets”, consists of fifteen 8" plastic sticks filled with a fluorescent liquid. Item No. 010, “Glow Play Bracelets”, consists of two 22" plastic sticks filled with a fluorescent liquid and two connectors which are hollow sections of clear plastic tubing measuring approximately ¼" in length. Item No. 012, “Glow Play Combo Pack”, consists of five 8" plastic sticks and two 22" plastic sticks filled with a fluorescent liquid, and seven connectors which are hollow sections of clear plastic tubing measuring approximately ¼" in length. The liquid in all three samples is composed of 92 percent Dimethyl phthalate, 5 percent Bis(2-carbopentyloxy-3,5,6-trichlorophenyl) oxalate, and minimal amounts of, hydrogen peroxide, and dye in various colors. The solution is activated by bending and snapping the entire length of the tube and shaking it, producing a glowing color. The connectors in items 010 and 012 are used to join the light sticks at the ends giving the items multiple uses. The Explanatory Notes to heading 3824, HTSUS, indicate that the preparations and chemical products of that heading include: (35) Articles producing a lighting effect by the phenomenon of chemiluminescence, e.g., light sticks 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 items, which contain over 5 percent by weight of an aromatic substance, are properly classified under 3824, HTSUS. The applicable subheading for Items 001, 008, 010, 011 and 012will be 3824.90.2800, 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. Item 007 is described as a Sparkle and Glow Necklace. The item contains three 8-inch plastic tubes with 3 plastic connectors, and a pink clear plastic heart shaped pendant featuring the image of three Disney princess characters. The heart shaped pendant has an O-ring molded into the plastic which allows the one of the tube sections to hold the pendant. The plastic tubes contain a liquid substance that, when the tubes are bent or shaken, will begin to glow. A photo on the packaging indicates that when the three tubes are connected they form a circular shape that is worn around a person’s neck. The applicable subheading for Item 007 will be 7117.90.9000, HTSUS, which provides for “Imitation jewelry: Other: Valued over 20 cents per dozen pieces or parts: Other: Other.” The rate of duty will be 11 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 James Forkan at [email protected]. Sincerely, Gwenn K. Kirschner Acting Director National Commodity Specialist Division