The tariff classification of pens from China

NY D82855 October 15, 1998 CLA-2-96:RR:NC:N1:113 D82855 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Ms. Joylin Ho 50 South Beretania Street, Suite C203 Honolulu, HI 96813 RE: The tariff classification of pens from China Dear Ms. Ho: In your letter dated September 23, 1998, you requested a tariff classification ruling. The merchandise is a variety of novelty pens. The articles are ball point pens with casings made of ethylene vinyl foam. There are three basic varieties. The Music Pens play a short tune when the center of the pen is squeezed. The Pull Back Toy Wind Pens are topped with small detachable wind-up toys. The rest of the pens are topped with novelty figures. The applicable subheading for the pens 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 percent ad valorem.  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 James Smyth at 212-466-2084. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division