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NY 817457




December 27, 1995

CLA-2-96:RR:NC:GI:113 817457

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Mona Webster
Target Stores
33 South Sixth Street
P.O. Box 1392
Minneapolis, MN 55440-1392

RE: The tariff classification of a novelty pen from China

Dear Ms. Webster:

In your letter dated November 19 1995, received in this office December 18, 1995, you requested a tariff classification ruling.

The merchandise is the Dizzy Doodler Chatter Heads pen, item number 7032. It is a brightly colored, motorized pen with 5 interchangeable ink refills and an AA battery. Attached by hinge to the pen top is a toy head with exaggerated teeth. When the motor is activated by depressing a button, the pen vibrates and the teeth chatter. Any writing or drawing done with the pen in this mode has a spiral effect.

The applicable subheading for the pen will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem. The rate of duty will remain the same for 1996.

This ruling is being issued under the provisions of Section 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 James Smyth at 212-466-2084.

Sincerely,

Roger J. Silvestri
Director

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