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NY I81883

May 22, 2002

CLA-2-96:RR:NC:SP:221 I81883


TARIFF NO.: 9608.10.0000; 1704.90.3550

Ms. Cari Grego
Dollar Tree Stores, Inc.
500 Volvo Parkway
Chesapeake, Virginia 23320

RE: The tariff classification of a pen/stamper combination from China.

Dear Ms. Grego:

In your letter dated May 6, 2002, you requested a tariff classification ruling.

The sample provided with your letter is a ball point pen/stamper combination. The stamper, which also serves as a pen topper, has a festive motif. The barrel of the pen contains a half-ounce of candy from Canada. The pen/stamper is a composite article and the pen and stamper are classified together. The candy is classified separately.

The applicable subheading for the pen/stamper 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.

The applicable subheading for the candy will be 1704.90.3550, HTS, which provides for sugar confectionery (including white chocolate), not containing cocoa: other: confections or sweetmeats ready for consumption: other: otherput up for retail sale: other.” The general rate of duty will be 5.6 % 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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