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NY N021100




January 9, 2008

CLA-2-38:OT:RR:E:NC:2:239

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.2800

Mr. Stephen C. Provoost
Global Fairways, Inc.
181 So. Franklin Ave., Suite 701
Valley Stream, NY 11581

RE: The tariff classification of Glow in the Dark Lightsticks from China

Dear Mr. Provoost:

In your letter dated December 18, 2007, on behalf of your client Morris Rothenberg & Son, Inc., you requested a tariff classification ruling for glow in the dark lightsticks which you have stated can be used for camping, halloween or emergencies. The lightsticks are composed of bis (2,4,5-trichlorophenyl-6-carbopentoxyphenyl) oxalate (20%), dimethyl phthalate (75%), tert-butyl alcohol (2%), an artificial color powder (0.1%), hydrogen peroxide (0.1%), sodium salicylate (0.1%), and water (2.7%).

The applicable subheading 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 at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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