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January 14, 1999

CLA-2-38:RR:NC:2:239 D84614


TARIFF NO.: 3824.90.2800

Ms. Marjorie Shapiro
Samuel Shapiro & Company, Inc.
The Bourse Building, Suite 735
111 S. Independence Mall East
Philadelphia, PA 19106-2521

RE: The tariff classification of item #5571 - 3" Glowstick Necklace from China.

Dear Ms. Shapiro:

In your letter dated October 20, 1998, on behalf of your client Unique Industries, Inc., you requested a tariff classification ruling for a 3" Glowstick Necklace (your item #5571). The necklace has an oxalate solution of: dibutyl phthalate; bis(2-carbopentyloxy-3,5,6-trichlorophenyl) oxalate; 9-10-bis(phenylethynyl) anthracene; 5,6,11,12-tetraphenylnaphthacene, and an activator of: dimethyl phthalate, tert butyl alcohol, sodium salicylate, hydrogen, and peroxide.

The applicable subheading will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTS), 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; residual products of the chemical or allied industries, not elsewhere specified or included: mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: other. The rate of duty will be 1.8 cents per kilogram plus 10 percent ad valorem.

Customs has previously ruled on an identical item. Headquarters Ruling Letter 960822, dated June 17, 1998, classified “light stick necklaces”, which are plastic tubes containing two chemical mixtures with 5 percent or more aromatic, in subheading 3824.90.2800 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 Thomas Brady at 212-466-5747.


Robert B. Swierupski

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