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NY I81492

May 13, 2002

CLA-2-96:RR:NC:SP:221 I81492


TARIFF NO.: 9608.10.0000

Ms. Lucia Buckman
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a ball point pen from China.

Dear Ms. Buckman:

In your letter dated May 7, 2002, you requested a tariff classification ruling.

The sample provided with your letter is a ball point pen with a small penguin figure inside the barrel of the pen that lights up when the pen is used for writing. When the top of the pen is pushed down the penguin pops up inside the barrel. As you requested, the sample is being returned.

The applicable subheading for the ball point pen with the penguin figure 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 646-733-3023.


Robert B. Swierupski

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