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NY 811900

June 23, 1995

CLA-2-96:S:N:N3:113 811900


TARIFF NO.: 9608.10.0000

Ms. Laura Giarraputo
International, Inc.
11222 S. La Cienega Boulevard, Suite 260
Inglewood, CA 90304

RE: The tariff classification of novelty pens from China

Dear Ms. Giarraputo:

In your letter dated June 14, 1995, on behalf of Lisa Frank, Inc., you requested a tariff classification ruling.

The merchandise is the Heart Floater Necklace Pen, item P419. The article is a ball point pen topped with a large, clear plastic heart filled with water, sparkles, and plastic pieces. The pen can also be used as a necklace. In the opinion of this office, the pen retains its character as a ball point pen.

The applicable subheading for the novelty pen will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The duty rate will be 0.8 cents each plus 5.4 percent ad valorem.

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.


Jean F. Maguire
Area Director

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