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NY G85318

January 9, 2001

A-2-96:RR:NC:SP:221 G85318


TARIFF NO.: 9608.10.0000

Mr. Harish Chatlani
Pacific Link Traders
1535 Gilcrest Drive
Beverly Hills, CA 90210

RE: The tariff classification of ball point pens.

Dear Mr. Chatlani:

In your letter dated December 8, 2000, you requested a tariff classification ruling.

You request a ruling on the importation of “Mont Blanc” ball point pens that include a refill bearing the trademark “Pix.” No sample was included with your request and you have not indicated the country of origin. It is assumed for purposes of this reply that the pens will be imported from a country with which the United States has Normal Trade Relations.

The applicable subheading for the pens 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.

It is noted that these products are covered by a registered trademark recorded with the U.S. Customs Service. As such, they are subject to the provisions of Section 133 of the Customs Regulations which prohibits the importation of infringing merchandise. If you are an authorized importer of the above named products, we recommend notifying your local Customs office prior to importation. Questions regarding trademark issues incident to the importation of these goods may be directed to the Intellectual Property Rights Branch, U.S. Customs Service Headquarters, 1300 Pennsylvania Avenue, N.W., Washington, D.C. 20229, telephone number (202) 927-2330.

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 Joan Mazzola at (212) 637-7034.


Robert B. Swierupski

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