The tariff classification of novelty glasses from China

N265264 June 23, 2015 CLA-2-33:OT:RR:NC:N4:414 Category: Classification Tariff NO.: 9004.90.0000 Mr. Barry Klein Klein International, Ltd. 9373 SW Barber St. Wilsonville, OR 97070 RE: The tariff classification of novelty glasses from China Dear Mr. Klein: In your letter received June 1, 2015 you requested a tariff classification ruling for two different styles of plastic spectacles referred to as “Light-Up Glasses.” The submitted samples, which are both identified by item number 2492, will be returned to you. Style one is a green frame with evergreen tree shapes surrounding green colored plastic lenses. Style two is a brown frame with reindeer heads surrounding brown colored plastic lenses. Both plastic frames contain LEDs (light emitting diodes) which are powered by batteries. The batteries are included and not replaceable. There is a button on the frame which activates the LEDs. The glasses can display flashing patterns of LED light or steady LED light.  Each pair of glasses is sold individually with a stapled header card. The words “Light-Up Glasses” are printed on the front of each card. Each card also reads Age 12+ and contains the following words: “Not to be worn outside as sunglasses to protect the eyes against strong sunlight.” The applicable subheading for the novelty “Light-Up Glasses” will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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 lenses of the “Light-Up 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division