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NY K82014




December 29, 2003
CLA-2-96:RR:NC:2:224 K82014

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Laura Lyons
PalmOne, Inc
400 N. McCarthy Blvd
Milpitas, CA 95035-5112

RE: The tariff classification of a combination pen, stylus, flashlight and laser pointer from Taiwan

Dear Ms. Lyons:

In your letter dated December 16, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a combination pen, stylus, flashlight and laser pointer designed for use with Personal Digital Assistants (PDA’s). The item is a multi-function device called the Executive Multifunction Stylus, SKU#10944U. The user can access either a ball point pen tip for writing on paper or plastic, or a plastic stylus tip that is used for inputting data into PDA devices. Since the item is essentially a novelty ball point pen which incorporates a stylus and lights, and the stylus is of the same class or kind as a retractable ball point pen, the entire article will be classified as such in Chapter 96 of the HTS. The sample will be returned, as requested by your office.

The applicable subheading for the Executive Multifunction Stylus, SKU#10944U, 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 ¢ + 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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