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NY A84343

June 13, 1996

CLA-2-85:RR:NC:GI:113 A84343


TARIFF NO.: 8516.79.0000

Ms. Dagnia Kletnieks
Cypress Enterprises, Inc.
47 Canterbury Road
Woodbury, NY 11797

RE: The tariff classification of a hot stamping pen from Taiwan

Dear Ms. Kletnieks:

In your letter dated June 3, 1996, you requested a tariff classification ruling.

The merchandise consists of the Magic Pen for Hot Stamp Writing and foil sheets in various colors. The Magic Pen is a battery-operated device used by home hobbyists in craft projects, or by anyone to permanently mark their possessions. When a button is depressed on the side of the pen, the plastic tip heats up. The foil is then placed upon the surface to be marked. Writing on the foil with the heated pen tip transfers the foil color onto the article. The pen and foil sheets are packaged together for retail sale. In the opinion of this office, the items constitute a set, the essential character of which is imparted by the hot stamping pen.

The applicable subheading for the Magic Pen and foil set will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrothermic appliances of a kind used for domestic purposes, other. The rate of duty will be 4.3 percent ad valorem.

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 James Smyth at 212-466-2084.


Roger J. Silvestri

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