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NY N013793

July 26, 2007



TARIFF NO.: 9608.10.0000

Ms. Jamie Castellanos
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of invisible ink pens from China

Dear Ms Castellanos:

In your letter dated June 27, 2007 you requested a tariff classification ruling.

The submitted sample is identified as Invisible Ink Pens, SKU# 10043866. The retail package identifies this item as “Secret Message Writing Set” and each pen has the words “Invisible Ink Pen” imprinted on the barrel. The package contains two ball point pens which write with invisible ink that contains high brightness ultraviolet viewable compounds. The ink is completely invisible in normal light. The cap of each pen contains a small ultraviolet flashlight which is used to illuminate that which is written in invisible ink. Batteries are included. The barrel and cap of each pen is made of plastic and each cap has a plastic clip that can be used to hang the pen on a garment pocket or elsewhere.

The applicable subheading for SKU# 10043866 will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ball point pens. The rate of duty will be 0.8 cents plus 5.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Gary Kalus at 646-733-3055.


Robert B. Swierupski

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