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NY C83580




January 23, 1998

CLA-2-96:RR:NC:MM:113 C83580

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

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

RE: The tariff classification of a pen with a stand from Japan

Dear Mr. Schlesinger:

In your letter dated January 16, 1998, on behalf of Pilot Corporation of America, you requested a tariff classification ruling.

The merchandise is a stylus pen with a metal stand. The article is a two-piece composite good, comprising a pen and a small metal pen stand. The pen consists of a pen barrel, a cap, and a plastic stylus in the form of a pen refill with no ink. While the pen does not contain an ink cartridge, the user can open it and replace the stylus with a ball point refill. The metal stand has a round base, 2 1/4 inches in diameter. A holder extends 1 1/2 inches from the base. In the opinion of this office, in this case, the pen provides the essential character of this article.

The applicable subheading for the stylus pen and metal stand 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 [piece] plus 5.4 percent ad valorem. We note that the samples you provided have not been legally marked with the country of origin. We recommend that, before importation, you contact your local import specialist team for advice on correct marking.

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,

Robert B. Swierupski
Director

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