The tariff classification of Light-Up Pen from China.

NY 850400 APR 05 1990 CLA-2-96:S:N:N1:113 850400 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Mr. Louis Shoichet Siegel, Mandell & Davidson 1 Whitehall Street New York, NY 10004 RE: The tariff classification of Light-Up Pen from China. Dear Mr. Shoichet: In your letter dated March 9, 1990, you requested a tariff classification ruling. The item is a ball point pen that incorporates a battery powered light. The pen consists of the pen tip, a stem which houses a "AAA" battery and the light. The light is activated by swiveling the light section perpendicular to the stem permitting the pen to be used in a darkened room.There are two ink refills included with the pen. The sample is being returned as per your request. The applicable subheading for the Light-Up pen and refills 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 0.8 cents each plus 5.4 per cent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport