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NY R00725




August 31, 2004
CLA-2-96:RR:NC:2:224 R00725

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Troy Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a novelty writing pen from China

Dear Mr. Crago:

In your electronic message dated August 20, 2004, you requested a tariff classification ruling.

Your message describes the merchandise as a W081UA02004 - ”Easter Style Feather Pen,” that is said to be nine inches long with “bunny ears, duck mouth, mutation eyes in 3 assorted colors.” You have provided an illustration of the display box for the counter sale of the articles. The box is marked “Ostrich Farm,” and “Criados en granjas - Plumas de avertruces flexibles.” The general physical characteristics of the article demonstrate that it is nothing but a pen with a character motif. It functions fully as a writing pen. The character design makes the pen identifiable as a novelty pen, but a pen nevertheless.

The applicable subheading for the “Easter Style Feather Pen” 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 cents each plus 5.4 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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