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NY 867355




OCT 1 1991

CLA-2-96:S:N:N1:113 867355

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000; 7312.10.7000; 8304.00.0000; 3919.90.5060; 396.90.9090

Mr. Alexander P. Milne
ADD-IT Systems Incorporated
138 West 4th Street
North Vancouver, BC Canada V7M 1H5

RE: The tariff classification of ball point pens from Canada

Dear Mr. Milne:

In your letter dated August 20, 1991, you requested a tariff classification ruling.

The merchandise is the type of pen which would usually be found in a bank or other public place for the convenience of customers. The item consists of a ball point pen on a cable, attached to a stand with an adhesive base which may be secured to a desk or table with an screw. Included in the package is a "refill-change key." The key allows the pen to be opened so that a refill may be inserted.

The applicable subheading for the item in the entirety 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% ad valorem.

Goods classifiable under subheading 9608.10.0000, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Since the pen is of modular design, you also wish to know the classification of certain replacement parts: a replacement pen with cable, a replacement cable, a replacement base, an adhesive pad, and the refill change key.

The applicable subheading for the replacement pen with cable 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% ad valorem. Goods classifiable under subheading 9608.10.0000, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The replacement cable is wire rope of carbon steel, about 30 inches long with plastic and metal fittings attached.

The applicable subheading for the replacement cable will be 7312.10.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for rope, cables and cordage other than stranded wire, other, fitted with fittings or made up into articles. The rate of duty will be 5.7% ad valorem.

Goods classifiable under subheading 7312.10.7000, HTS, which have originated in the territory of Canada, will be entitled to a 3.9% ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for the circular, plastic adhesive pad will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for self-adhesive plates, sheets ... and other flat shapes, of plastics, other, other. The rate of duty will be 5.8% ad valorem.

Goods classifiable under subheading 3919.90.5060, HTS, which have originated in the territory of Canada, will be entitled to a 4.6% ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The "refill key" is not a key as contemplated by the headings for "keys" in the HTS, since it does not open a lock. It is a plastic device for unscrewing the pen.

The applicable subheading for the refill key will be 3926.90.9090 , Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastic, other. The rate of duty will be 5.3% ad valorem.

Goods classifiable under subheading 3926.90.9090, HTS, which have originated in the territory of Canada, will be entitled to a 3.7% ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for the replacement base will be 8304.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pen trays, office stamp stands and similar office or desk equipment and parts thereof of base metal. The rate of duty will be 5.7% ad valorem. Goods classifiable under subheading 8304.00.0000, HTS, which have originated in the territory of Canada, will be entitled to a 3.9% ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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