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NY G86413

February 9, 2001

CLA-2-96:RR:NC:SP:221 G86413


TARIFF NO.: 9608.10.0000

Ms. Patti Cordo
American Cargo Express
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of the “Fish Pen” from China.

Dear Ms. Cordo:

In your letter dated January 19, 2001, on behalf of D B Toy Products, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The Fish Pen is a ball point pen in the shape of a dolphin. It will be imported inside a pouch composed of polyvinyl chloride (PVC) sheeting assembled by means of heat sealing. The front panel of the pouch is composed of two layers of sheeting with a quantity of blue colored propylene glycol liquid sealed between the layers. The panel is printed with the legend, “FISH PEN.” The colored liquid gives the appearance of ocean water so that it appears that the “dolphin” is “swimming” inside the pouch. The pen measures approximately 5 ¾ inches by 1¼ inches by 1 inch at its greatest measurements. The pouch measures approximately 6 ½ inches by 2 ½ inches, with no gusset. Thus, there is little capacity to fit any other supplies inside the pouch other than the pen. The pouch extends for an additional ¾ inch with a cut-out to form a hole for hanging so that the combination fish and pouch may be displayed as a rack good. The dolphin-shaped pen and the liquid-filled pouch form a set, with the essential character imparted by the pen. As you requested, the sample is being returned.

The applicable subheading for the Fish Pen and its pouch 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 Joan Mazzola at 212-637-7034.


Robert B. Swierupski

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