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NY L87791




October 4, 2005

CLA-2-96:RR:NC:2:224 L87791

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.99.4000

Mr. Tim Nicholas
Wood-N-Whimsies
1049 Meadow Point Court
Jacksonville, FL 32221-2545

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

Dear Mr. Nicholas:

In your letter dated September 19, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is identified as a ball point pen kit. The kit contains the following components: 2 brass tubes, 1 ink refill, 1 twist mechanism, 1 plated pen tip, 1 plated center band, 1 plated clip, and 1 plated finial. The foregoing parts will be packaged together in a zip lock plastic bag. The kit contains everything except the barrel material (wood, plastic, etc.) to make a ball point pen. The barrel material will be procured by the crafter for the purpose of combining his/her own hand-crafted barrel and the pen parts to form a hand-crafted pen. The kits will be imported in quantities of 20,000 at a time.

The applicable subheading for the ball point pen kit, no item number has been designated, will be 9608.99.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens; felt tipped and other porous-tipped pens and markersother: parts of articles provided for in subheadings 9608.10, 9608.31 and 9608.39 (other than balls for ball point pens). The rate of duty will be free.

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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