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NY J88245




September 10, 2003

CLA-2-96:RR:NC:2:224 J88245

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. David Rogers
Hi-Tech Research & Marketing Ltd (BVI)
3218 N. Petchburi Road, Suite 304
Bankok 10320, Thailand

RE: The tariff classification of 2 novelty ball point pens from China

Dear Mr. Rogers:

In your letter dated August 15, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on two ball point pens that each have a light-up feature. One version has an ultraviolet light on the non-writing end, while the other pen has a white light on the end. The articles are considered novelty pens because each is a fully functional ball point pen. The correct classification will be in Chapter 96 of the HTS as ball point pens. The samples will be returned, as requested.

The applicable subheading for the light-up ball point 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 ยข each + 5.4 % 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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