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NY D85942




December 24, 1998

CLA-2-96:RR:NC:N1:113 D85942

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.20.0000

Mr. Bill Hanna
Alpha International
145th Avenue & Hook Creek Blvd.
Bldg. C-1 (G)
Valley Stream, NY 11581

RE: The tariff classification of combination pens and markers from Italy

Dear Mr. Hanna:

In your letter dated December 11, 1998, on behalf of Dri Mark Products, Inc., you requested a tariff classification ruling.

The merchandise is a combination ball point pen and marker. Item H1611X has a highlighter point at one end and a fine nylon tip at the other. Item 5811BA is intended to have a highlighter tip at one end and a ball point tip at the other. In its condition as imported, it lacks the ball point refill.

The applicable subheading for the pens and markers will be 9608.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for felt tipped and other porous tipped pens and markers. The rate of duty will be 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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