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NY J89778





October 22, 2003

CLA-2-96:RR:NC:2:224 J89778

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.20.0000

Ms. Sharon Roberson
Case Logic, Inc.
6303 Dry Creek Pkwy
Longmont, CO 80503

RE: The tariff classification of ink markers for CD-R/DVD discs from China

Dear Ms. Roberson:

In your letter dated October 10, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as Model Number CD-R/DVD-R4. The item is actually an ink marker used to write on CD-R discs, either CD music discs or DVD movie discs. The proper classification will be in Chapter 96 of the HTS, as markers. The samples will be returned, as requested.

The applicable subheading for the Model CD-R/DVD-R4 pens 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 5 % 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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