The tariff classification of a pack of 2 novelty Star Wars pens from China

NY L85811 June 29, 2005 CLA-2-96:RR:NC:2:224 L85811 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Mr. Kevin Maher CAir Customhouse Brokers 181 South Franklin Ave. Valley Stream, NY 11581 RE: The tariff classification of a pack of 2 novelty Star Wars pens from China Dear Mr. Maher: In your letter dated June 20, 2005, you requested a tariff classification ruling, on behalf of Roseart Industries, your client. You are requesting the tariff classification on a product that is identified as a Star Wars 2 Novelty Figure Pens, in a blister pack, style #5526. The ball point pens are functioning pens, therefore despite the Star Wars figures, the HTS classification will be in Chapter 96 as ball point pens. The samples will be returned, as requested. The applicable subheading for the Star Wars novelty pens, style #5526, will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating styli; propelling or sliding pencils…pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609: ball point pens. The rate of duty will be 0.8¢ each + 5.4% 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 Tom McKenna at 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division