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NY H88934




March 13, 2002

CLA-2-39:RR:NC:SP:221 H88934

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000, 9608.10.0000; 9611.00.0000

Ms. Pilar Dorfman
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of pens, stampers and bags from China.

Dear Ms. Dorfman:

In your letter dated February 21, 2002, on behalf of LTD Commodities, Incorporated, you requested a tariff classification ruling.

Samples were provided with your letter. The plastic “Cello Bags” are treat bags made of heat-sealed plastic sheeting. You did not state the type of plastics they are composed of. The feather pens are ball point pens with a feather and topper. The light-up stampers are impression ink stamps with a light bulb that lights up when the stamper is pressed against a surface to create an ink impression. As you requested, the samples are being returned.

The applicable subheading for the bags, if composed of polyethylene, will be 3923.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: other: other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the bags, if composed of a plastics material other than polyethylene, will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of other plastics. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the feather pens will be 9608.10.0000, HTS, which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem. The applicable subheading for the stampers will be 9611.00.0000, HTS, which provides for date, sealing or numbering stamps and the like (including devices for printing or embossing labels), designed for operating in the hand. The rate of duty will be 2.7 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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