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NY K82131




January 9, 2004
CLA-2-96:RR:NC:2:224 K82131

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Lauren Tactikos
Galaxy Freight Service
153-02 Baisley Blvd
Jamaica, NY 11434

RE: The tariff classification of a 100 piece Gel Pen Set from China

Dear Ms. Tactikos:

In your letter dated December 18, 2003, you requested a tariff classification ruling, on behalf of Early Learning (a Division of CRI 2000 Co.), your client.

You are requesting the tariff classification on a 100 count Gel Pen Set, no style number shown. The plastic case that contains the pens is designed and fitted to hold the 100 gel pens, therefore, the case is dutiable at the same rate as the pens. The entire item will be classified in Chapter 96 of the HTS, as ball point pens. The illustrations that you submitted of the same pens in a carousel plastic case will be classified in exactly the same way. You have not requested the return of your sample.

The applicable subheading for the 100 Count Gel Pen Set, no style number shown, 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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