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NY M84683




July 24, 2006

CLA-2-85:RR:NC:N1:112 M84683

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9795

Dennis Morse
Licensed Customs Broker,
BDP International, Inc.
2721 Walker Ave. N.W.
Grand Rapids, MI 49544-1307

RE: The tariff classification of a temporary tattoo pen from China

Dear Mr. Morse,

In your letter dated June 21, 2006, you requested a tariff classification ruling on behalf of Meijer Distribution.

The item concerned is the I-Tattoo Electronic Tattoo Pen (# 70953). It consists of a battery-operated, rounded pen stand with a cord-attached, spaceship-shaped pen, colored marker cartridges that fit inside the pen and cardboard stencils.

The purpose of the pen is to simulate a tattooing needle by vibrating when electric current powers it. The pen is used to trace within the stencil forms to create a picture or “tattoo”.

The applicable classification subheading for the I-Tattoo Electronic Tattoo Pen (# 70953) will be 8543.89.9795, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus, having individual functions, not specified or included elsewhere ... : Other apparatus: Other: Other: Other: Other: Other”. The rate of duty will be 2.6%.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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