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NY M82314




May 12, 2006

CLA-2-96:RR:NC:2:224 M82314

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Ann Broker
Supply Chain Solutions
P.O. Box 888197
Kentwood, MI 49588-8197

RE: The tariff classification of a light-up ball point pen from China

Dear Ms. Broker:

In your letter dated April 27, 2006, you requested a tariff classification ruling, on behalf of Fabri-Tech, your client.

You are requesting the tariff classification on an item that is identified as a NASCAR pen. The product is a fully functioning ball point pen that has a toy race car permanently attached to the top (the non-writing end) of the pen. When the user presses down on the pen point to write, the mechanism that lights up the attached toy car is activated. The sample will be returned, as requested by your office.

The applicable subheading for the NASCAR ball point pen 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 0.8ยข each + 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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