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NY B85694




July 21, 1997

CLA-2-32:RR:NC:2:236 B85694

CATEGORY: CLASSIFICATION

TARIFF NO.: 3213.90.0000

Mr. Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883

RE: The tariff classification of Glowing Dark Pen from Taiwan

Dear Mr. Liberati:

In your letter dated May 15, 1997, on behalf of your client Deb Shops, Inc., you requested a tariff classification ruling.

The sample submitted, Glowing Dark Pen, is packaged for retail sale in a plastic tube weighing less than l kg. Glowing Dark Pen is used to mark walls, switches, floors, school bags, etc., so that the marking will glow in the dark. When the cap is removed, the material is free flowing with no ball point, felt tip or other porous tip mechanism.

The applicable subheading for the Glowing Dark Pen will be 3213.90.0000, Harmonized Tariff Schedule of the United States, which provides for Artists', students' or signbroad painters' colors, modifying tints, amusement colors and the like, in tablets, tubes, jars, bottles, pans or in similar forms or packings: Other. The rate of duty will be 3.4 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 V. Gualario at 212-466-5744.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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