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NY K84722




April 30, 2004
CLA-2-96:RR:NC:SP:224 K84722

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of Novelty Pens from China

Dear Mr. Williams:

In your letter received April 6, 2004, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs, and samples with your request. The samples are being returned as you wished. The subject merchandise is a series of five novelty ball point pens that are wrapped in polyester fabric. The tops of the pens have, in addition to the base fabric, a 2 inch high stuffed character, complete with dangling appendages that will spin if the pen is twirled. The samples submitted were item #50018, a bumblebee with red heart-shaped antennae, and item #50019, a brown bear with a heart in his paw. There are three other items in the line; all bearing a red felt heart somewhere on their body.

The applicable subheading for the fabric wrapped novelty pens will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens: Ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 USC 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 USC 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

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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