CLA-2-36:S:N:N3:119 889356

Mr. Chris Murray
American Custom Brokers, Inc.
Hemisphere Center, Route 1 & 9 South, Suite 614
Newark, NJ 07114

RE: The tariff classification of Trick Noise Makers from China

Dear Mr. Murray:

In your letter dated August 6, 1993, you requested a tariff classification ruling on behalf of AKR Corporation, Hicksville, NY.

The Trick Noise Makers consist of tear drop shaped balls with a short string attached. The balls contain a minute quantity of an explosive substance and when held by the string and flung against a hard surface make a loud noise comparable to that of an exploded toy cap. The Trick Noise Makers are packed 50 to a box marked with the trade name "POP POP".

The applicable subheading for the Trick Noise Makers will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for fireworks, signaling flares, rain rockets, fog signals and other pyrotechnic articles: other. The rate of duty will be 7.5 percent.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport