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NY L84655

May 6, 2005

CLA-2-95:RR:NC:2:224 L84655


TARIFF NO.: 9608.10.0000

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

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

Dear Mr. Williams:

In your letter dated April 22, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a Valentine Character Pen, style number 50022. The exterior of the novelty pen is constructed of 100% polyester. The inside portion is comprised of a plastic cartridge filled with ink. The article will be classified in Chapter 96 of the HTS as a ball point pen. The sample will be returned, as requested by your office.

The applicable subheading for the novelty ball point pens, style number 50022, 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 penspartsof the foregoing articles, other than those of heading 9609: ball point pens. The rate of duty will be 0.8ยข 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.


Robert B. Swierupski

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