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NY 895281




March 8, 1994

CLA-2-96:S:N:N3:113 895281

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Monica Noyes
Polyflame Concepts USA, Inc.
30 Commerce Road
Stamford, CT 06904

RE: The tariff classification of pens from Taiwan

Dear Ms. Noyes:

In your letter dated March 1, 1994, you requested a tariff classification ruling.

The merchandise consists of two ball point pens. One pen extends the cartridge by a twist of the barrel. The other works by depressing the top. We note that neither pen is legally marked with the country of origin. We suggest that you contact your local Customs district office for advice on correct marking before importing the merchandise.

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 0.8 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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