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NY 885019




June 1, 1993

CLA-2-96:S:N:N3:113 885019

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. Eddie Lau
Linden
32 West 25th Street
New York, NY 10010

RE: The tariff classification of a pen in a box from China and Hong Kong

Dear Mr. Lau:

In your letter dated April 13, 1993, you requested a tariff classification ruling.

The merchandise is ball point pen in a box. The box is hinged, lined on the top with stuffed velveteen and on the bottom with felt. The pen clips to a band within the box to stay in place. The box was submitted to the Customs Laboratory, which found that the outer shell was composed of a cardboard material, coated, covered or laminated with a polyethylene type material, 0.025 mm in thickness.

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

The question of classification for the box must be referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. Similar items are under consideration there. It is recommended that a new sample be supplied to that office with your request. Unfortunately, the original sample you provided was destroyed in the laboratory.

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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