The tariff classification of ball point pens from Taiwan

NY E85362 July 30, 1999 CLA-2-96:RR:NC:N1:113 E85362 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Ms. Irene Kwok CDP Asia Ltd. 26/F., Tower A, Southmark 11 Yip Hing Street Aberdeen, Hong Kong RE: The tariff classification of ball point pens from Taiwan Dear Ms. Kwok: In your letter dated July 24, 1999, you requested a tariff classification ruling. The sample you provided is a ball point pen, item C-45576. The item is a click pen, 5 inches [12.8 cm.] long. They will be imported as promotional items. The sample is not legally marked with the country of origin. We suggest that you contact a local Customs port for advice as to proper country-of-origin marking. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. §134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 C.F.R. §134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The applicable subheading for the ball point pen 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 212-637-7008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division