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NY 881900





January 27, 1993

CLA-2-96:S:N:N3:113 881900

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. Paul John Crowley
Sharretts, Paley, Carter and Blauvelt
67 Broad Street
New York, NY 10004

RE: The tariff classification of pens from China

Dear Mr. Crowley:

In your letter dated January 14, 1993, on behalf of The Mel Appel Group, Inc., you requested a tariff classification ruling.

The merchandise consists of three models of novelty ball point pens. Each "Kooky Pen" has a bendable barrel and is topped with an amusing figure. Item no. 54080 is a cow; item no. 54081 is a dinosaur; item 54082 is a shark.

The applicable subheading for the pens 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 .8 cents each plus 5.4 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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