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NY J84501




May 23, 2003

CLA-2-96:RR:NC:2:224 J84501

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. Peter K. Schlesinger
Atlantic Customs Brokers, Inc.
1 Corporate Drive
Windsor Locks, CT 06096

RE: The tariff classification of stylus pens from Japan.

Dear Mr. Schlesinger:

In your letter dated May 5, 2003, you requested a tariff classification ruling, on behalf of Pilot Corporation of America, your client.

You are requesting the tariff classification on an item that is referred to as a stylus pen. You have included five samples with your request, labeled as follows: T1042, T1100, T1102, T2012 and T10MG. All five are slightly different versions of the same product: an object that resembles a plastic pen that is utilized to write on any device which uses a LCD screen and responds to pressure, such as personal digital assistants, cash registers, or computer tablets. The pens contain no electronics, cannot be taken apart and incorporate a non-retractable permanent plastic tip to apply pressure. After the stylus tip wears down, the entire pen is discarded. The items are, in class and kind, non-retractable, disposable ball point pens, and will be classified as such in Chapter 96 of the HTS. You have not requested the return of your samples.

The applicable subheading for the plastic stylus pens, styles T1042, T1100, T1102, T2012 and T10MG, 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 ยข each + 5.4 % 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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