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NY L89478




January 5, 2006

CLA-2-96:RR:NC:2:224 L89478

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Mr. Charles Rosales
R.S. International Inc.
701 W. Manchester Blvd.
Suite # 233
Inglewood, CA 90301

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

Dear Mr. Rosales:

In your letter dated December 14, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a novelty ball point pen. No item number has been designated for the product. It is a ball point pen with a pull out fake $10.00 bill which is marked “not a valid legal tender”. The product is a fully functional ball point pen, and therefore it will be classified as such, in its specific subheading, in Chapter 96 of the HTS.

The applicable subheading for the novelty ball point pen, no item number indicated, will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ball point pens. The rate of duty will be 0.8¢ + 5.4% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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