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NY G86361




February 9, 2001

CLA-2-96:RR:NC:SP:221 G86361

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. Bruce D. Roberts
Miami International Forwarders
1801 NW 82 Ave.
Miami, FL 33126-1013

RE: The tariff classification of the “Laundry Marker Kit” from China.

Dear Mr. Roberts:

In your letter dated January 11, 2001, on behalf of Dyno Merchandise Corp., you requested a tariff classification ruling.

A sample was provided with your letter. The laundry marker kit consists of a ball point pen and textile iron-on tape. The pen and iron-on tape are packaged together for retail sale and will be classified together as a set. Neither component imparts the essential character. Therefore, classification will be according to General Rule of Interpretation 3(c) in the heading that appears last in the tariff among the competing provisions.

The applicable subheading for the laundry marker kit 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.

Although the fabric iron-on tape will be classified with the pen in the heading that provides for pens, the iron-on tape might still be subject to quota and /or visa restrictions. Before we are able to make such a determination, we need to know the fiber content and the nature of the coating, if any, and whether the iron-on tape is coated on one side or both sides.

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.

Sincerely,

Robert B. Swierupski
Director,

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