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NY K81965




December 29, 2003
CLA-2-32:RR:NC:SP:236 K81965

CATEGORY: CLASSIFICATION

TARIFF NO.: 3213.90.0000

Mr. Donald S. Stein
Manatt, Phelps & Phillips, LLP
1501 M Street, Suite 700
Washington, DC 20005-1702

RE: The tariff classification of Disney Magic Artist BIC Washable Glitter Glue Pens from Korea

Dear Mr. Stein:

In your letter dated December 4, 2003, on behalf of your client, BIC USA INC., you requested a tariff classification ruling.

In your literature, you indicate that you intend to import glitter glue pens containing colored glitter mixed with an adhesive-like substance in a pen-shaped (tubular) plastic dispenser. When the cap is removed, the material is free flowing unencumbered by any ballpoint, felt tip or other porous tip mechanism. The glitter glue contained in the pen is primarily used as decorative glitter for craft applications. In your letter you stated that the pens would be packaged in five packs.

The applicable subheading for the Disney Magic Artist BIC Washable Glitter Glue Pens will be 3213.90.0000, Harmonized Tariff Schedule of the United States, which provides for Artists', students' or signbroad painters' colors, modifying tints, amusement colors and the like, in tablets, tubes, jars, bottles, pans or in similar forms or packings: Other. The rate of duty will be 3.4 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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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