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NY F87704




June 19, 2000

CLA-2-96:RR:NC:SP:221 F87704

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Kerri L. Legg
MGA Entertainment
16730 Schoenborn Street
North Hills, CA 91343-6122

RE: The tariff classification of “DragonBall Z Super Pens” from China.

Dear Ms. Legg:

In your letter dated May 22, 2000, you requested a tariff classification ruling.

Samples were provided with your letter. The DragonBall Z Super Pens are novelty ball point pens. When a button is pushed, the pens light up and make noise. The top of one pen is in the shape of the head and chest of an action figure. The second pen has a small figure, approximately one inch from top to bottom, permanently attached to a plastic spiral which can slide around in grooves in the barrel of the pen.

The applicable subheading for the DragonBall Z Super 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.

Imports of this merchandise may be subject to the provisions of Part 133 of the Customs Regulations (19 C.F.R. 133), if the merchandise copies or simulates a trademark registered with the United States Customs Service.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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