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NY K84672

April 30, 2004
CLA-2-96:RR:NC:SP:224 K84672


TARIFF NO.: 9608.10.0000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of Novelty Pens from China

Dear Mr. Williams:

In your letter received April 2, 2004, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs, and samples with your request. The samples are being returned as you wished. The subject merchandise is a series of six assorted novelty pens that will be imported blister packed for retail sale. The pens have a plastic reservoir that holds bubble fluid, so children can write and also blow bubbles with the product. The tops of the pens are molded characters such as bunnies or chicks that serve as the handles for the bubble wands in addition to any decorative functions they might have.

The applicable subheading for the novelty pens will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens: 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 Tom McKenna at (646) 733-3025.


Robert B. Swierupski

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