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NY N009004




April 27, 2007

CLA-2-96:RR:E:NC:N2:222

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.10.0000

Ms. Brenda M. Blood
Garven, LLC
1450 Northern Drive
Mendota Heights, MN 55120

RE: The tariff classification of ball point pen sets from China

Dear Ms. Blood:

In your letter dated March 28, 2007 you requested a tariff classification ruling.

The submitted description states that the subject items are “ball point pen sets in various designs”. You state that there will be two pens per package, each containing a removable cap.

The applicable subheading for the ball point pen sets 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 cents each plus 5.4 percent ad valorem.

In addition, you have inquired as to whether the duty rate is “per pen” or “per selling unit”. The rate of duty is applied to each individual pen.

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 Gary Kalus at 646-733-3055.

Sincerely,

Robert B. Swierupski
Director,

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