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NY D82855




October 15, 1998

CLA-2-96:RR:NC:N1:113 D82855

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Joylin Ho
50 South Beretania Street, Suite C203
Honolulu, HI 96813

RE: The tariff classification of pens from China

Dear Ms. Ho:

In your letter dated September 23, 1998, you requested a tariff classification ruling.

The merchandise is a variety of novelty pens. The articles are ball point pens with casings made of ethylene vinyl foam. There are three basic varieties. The Music Pens play a short tune when the center of the pen is squeezed. The Pull Back Toy Wind Pens are topped with small detachable wind-up toys. The rest of the pens are topped with novelty figures.

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 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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