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NY D80327


July 30, 1998

CLA-2-96:RR:NC:N1:113 D80327

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. Frank Saul

Machinery Products Company

1893 Commerce Park East

P.O. Box 10007

Lancaster, PA 17605-0007

RE: The tariff classification of ball point pens from Hong Kong

Dear Mr. Saul:

In your letter dated July 16, 1998, you requested a tariff classification ruling.

The merchandise is the LED ball point pen. The pen contains a light emitting diode at its tip which may be used to illuminate the writing surface. The sample you supplied is made of plastic, and you have also requested a ruling on a similar item made of metal.

The applicable subheading for the ball point pen, whether made of plastic or metal 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.

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.

Sincerely,


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