The tariff classification of a stick highlighter from China

N228975 August 29, 2012 CLA-2-96:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 9609.90.8000 Ms. Cheryl L. Chadwick BIC Corporation 500 BIC Drive Milford, CT 06460 RE: The tariff classification of a stick highlighter from China Dear Ms. Chadwick: In your letter dated July 31, 2012, you requested a tariff classification ruling. The submitted sample is identified as a BRITE LINER Gel Wax Highlighter. This item will be imported and sold in three fluorescent colors: orange, yellow, and pink. The submitted sample is the orange version. The highlighter is composed of wax, sodium hylurorate, sodium palmitate, stearic acid and glycerin. The highlighter is encased in a plastic barrel and the highlighting tip is covered by a removable plastic cap that has an attached pocket clip. When the cap is removed, a small portion of the highlighting tip is exposed for use as a highlighter. The highlighting tip is extended by twisting the end of the barrel that is opposite the highlighting tip. You have suggested that this item is correctly classified in subheading 9609.90.8000 and we agree with your suggestion. As you requested, the sample will be returned to you. The applicable subheading for the BRITE LINER Gel Wax Highlighter will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …crayons…pastels…: other: other. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Gary Kalus at (646) 733-3055. Sincerely, Thomas J. Russo Director National Commodity Specialist Division