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NY 806781




February 23, 1995

CLA-2-806781:S:N:N:113 806781 113

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000; 1704.10.2000

Mr. Ramon LaGuarta
Uniconfis Corporation
5901-C Peachtree-Dunwoody Road, Suite 125 Atlanta, GA 30328

RE: The tariff classification of a novelty pen from Hong Kong

Dear Mr. LaGuarta:

In your letter dated February 8, 1995, you requested a tariff classification ruling.

The merchandise is the Pen Pop, a colorful plastic ball point pen with a lollipop holder on its end. The pen has a wide barrel and a removable cap. There is a sliding button on the side that is pushed down to project the pen tip or up to open the lollipop holder. An attached plastic cord allows a child to wear the novelty pen around the neck. One candy lollipop is included in the blister pack for use with the Pen Pop.

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 rate of duty will be 0.8 cents each plus 5.4 percent ad valorem.

The applicable subheading for the lollipop will be 1704.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for sugar confectionery (including white chocolate), not containing cocoa, other, other. The rate of duty will be 6.8 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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