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NY L88432




October 31, 2005

CLA-2-96:RR:NC:2:224 L88432

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Joann Mosqueda
JA-RU, Inc.
4030 Phillips Highway
Jacksonville, FL 32207

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

Dear Ms. Mosqueda:

In your letter dated October 20, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a SPIKEZ Punky Pen. The product is a novelty ball point pen with a spiked rubber pen barrel, and an attached ornamental chain with a crystal ball on the end opposite the pen point. The proper classification will be in Chapter 96 of the HTS as a ball point pen.

The applicable subheading for the SPIKEZ Punky Pen, no item number indicated, 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 0.8ยข 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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