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NY L84656

May 11, 2005

CLA-2-96:RR:NC:2:224 L84656


TARIFF NO.: 9608.10.0000

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

RE: The tariff classification of an inflatable ball point pen from China

Dear Mr. Williams:

In your letter dated April 16, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as an inflatable pen. The designated style number for the product is style 20173. The item is a fully functional novelty pen. The body of the pen is 100% PVC and the ball point pen is 100% alko-resin with an ink filling. The sample will be returned, as requested by your office.

The applicable subheading for the inflatable pen, style 20173, 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;parts (including caps and clips) of 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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