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NY L83893




April 22, 2005

CLA-2-96:RR:NC:2:224 L83893

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. Stuart Modell
Allscents USA
P. O. Box 3277
Newport, DE 19804

RE: The tariff classification of a bendable ball point pen from China

Dear Mr. Modell:

In your letter dated April 6, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as a bendable ball point pen. Both the outer covering and the inner ink cartridge are bendable in nature. The purpose of this pen’s flexible construction is to ensure that the pen cannot be used as a weapon, and it will be of particular interest to those who are in charge of security in the prison system.

Although the bendable pen differs in structure from a traditional ball point pen, it is nonetheless a ball point pen, and it will be classified as such in the tariff. Ball point pens are provided for in the tariff, and therefore no other classification would apply to the submitted merchandise (the bendable pen).

The applicable subheading for the bendable ball point pen (no item # is indicated) 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; duplicating styli; propelling or sliding pencils (for example, mechanical pencils);ball point pens. The rate of duty will be 0.8¢ 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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