The tariff classification of a Light Pen from Taiwan and a Flash Stick from China.

NY I82888 June 25, 2002 CLA-2-96:RR:NC:N2:221 I82888 CATEGORY: Classification TARIFF NO.: 9608.10.0000; 8513.10.4000 Mr. Gordon C. Anderson C.H. Robinson International, Inc. 8967 Columbine Road Suite 400 Eden Prairie, MN 55347 RE: The tariff classification of a Light Pen from Taiwan and a Flash Stick from China. Dear Mr. Anderson: In your letter dated May 31, 2002, on behalf of Webb Business Promotions, you requested a tariff classification ruling. The Light Pen, stock #4700, is a ball point pen with a shaft made of metal and clear plastic. When a button on top of the pen is depressed, fiber optics inside the shaft light up and shine through the clear plastic. The Flash Stick, stock #4703, is a novelty item with a housing made of metal and clear plastic. It measures approximately 7 inches in length and 3/8 inch in diameter. When a button on the top is depressed, fiber optics inside the shaft light up and shine though the clear plastic. The Flash Stick is attached to a braided textile wrist strap. The samples are being returned as you requested. The applicable subheading for the Light Pen will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The general rate of duty will be 0.8 cents each plus 5.4 percent ad valorem. You suggest classification for the Flash Stick as a toy in subheading 9503.90.0080, HTS. The Flash Stick is used on dance floors and for other night occasions. It is not designed to amuse. Rather, it is used to create an artistic effect during movement. The applicable subheading for the Flash Stick will be 8513.10.4000, HTS, which provides for other portable electric lamps designed to function by their own source of energy. The general rate of duty will be 3.5 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 Joan Mazzola at 646-733-3023. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division