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NY A80634





February 27, 1996

CLA-2-96:RR:NC:GI:113 A80634

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000; 9608.40.4000

Mr. Peter K. Schlesinger
Atlantic Customs Brokers, Inc.
1975 Linden Boulevard
Elmont, NY 11003

RE: The tariff classification of stylus pens from Japan

Dear Mr. Schlesinger:

In your letter dated February 21, 1996, on behalf of Pilot Corporation of America, you requested a tariff classification ruling.

The merchandise consists of a variety of stylus pens. These items are intended to be used to "write" on a computer screen, rather than using a keyboard or mouse. You have provided a number of samples, and this ruling will address the classification of those samples specifically. None of these items contain any electrical or electronic features. None of them connect electrically to any device; in fact, with one exception, they are completely portable.

The Mechanical Stylus (Item TC-JH-1) is a mechanical twist pencil. Depending on the direction the barrel is twisted, the pencil projects either a stylus tip or a pencil tip. The applicable subheading for the Mechanical Stylus will be 9608.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for propelling or sliding pencils (for example, mechanical pencils), with a mechanical action for extending, or for extending and retracting, the lead. The duty rate will be 6.6 percent ad valorem.

The Feed 2 with Ball Point Pen and Stylus (item BKF-25R) is a sliding pen. It has a two-part barrel and contains both an ball-point ink cartridge and a stylus cartridge. There are two button slides on either side of the pen. Depending on which slide is pushed, the pen projects either a stylus tip or a pen tip.

The applicable subheading for the Feed 2 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.

The Switch Stylus with Rubber Tip (item TC-GB-1) is a combination pen and stylus. The item may be used as one or the other depending on which tip is exposed.

The applicable subheading for the Switch Stylus with Rubber Tip 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.

The Slimline Switch with Nylon Tip (item TC-JB-1) is also a combination pen and stylus. The item can be used on one end as a pen, and on the other as a stylus.

The applicable subheading for the Slimline Switch 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. The Tethered Stylus (item 5D24) has a two-piece barrel. The lower barrel is 4 1/2 inches long. The upper barrel is 7/8 inches long and has a hole through it, presumably to allow the pen to be attached to the work area. The stylus contains a plastic tube which resembles the cartridge of a ball point pen, and a spring.

The Classic Stylus (Item BP78RG) is identical to a traditional click-type ball point pen. It has a clip, a two-part, separable barrel and a push button at the top. It contains a plastic-tipped, empty tube, which resembles the cartridge of a ball point pen, and a spring. When the push button is depressed, the stylus tip clicks out at the end of the pen.

The Retractable Stylus (Item TC-JT-1) is similar. A metal mouth-piece screws into its one-piece barrel. It has a rubber grip around the barrel. When the push button is depressed, a rotating cam in the barrel pushes the stylus tip out at the end of the pen.

It is the opinion of this office that the last three items are, in class or kind, ball point pens. In their imported condition, they contain replaceable stylus cartridges without ink, but in all other respects they are the same as any other pen.

The applicable subheading for the Tethered Stylus, Retractable Stylus and Classic Stylus 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.

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 James Smyth at 212-466-2084.

Sincerely,

Roger J. Silvestri
Director

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