The tariff classification of chart pens for industrial recorders from Germany

N241425 May 29, 2013 CLA-2-96:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 9608.20.0000 Mr. James Trubits Mohawk Global Logistics 4700 Genesee Street Suite 108 Cheektowaga, NY 14225 RE: The tariff classification of chart pens for industrial recorders from Germany Dear Mr. Trubits: In your letter dated April 23, 2013, on behalf of Graphic Controls Acquisition, you requested a tariff classification ruling. The three submitted samples are identified as chart pens for recorders, GC# 32055365 red pen, GC# 32055723 red pen and GC# 32055380 violet pen. Each pen has a felt tip and is used exclusively by industrial recorders (not included) to record data related to temperature, pressure, rate of flow, humidity, etc. on paper chart printouts (also not included). The body of the pen component contains a reservoir material that has been impregnated with ink. The reservoir compartment has a single point of egress for the impregnated ink. This point opens to a channel containing a thin shaft of high density felt material called the nib. One end of the nib is in constant contact with the reservoir material and the other tapers to a fine exposed point. Except for the exposed point, the nib is housed and protected by an exo-skeletal shaft. Capillary action draws ink from the reservoir through the nib to the exposed point. When in use, the pen is mounted in the recorder on a mechanically controlled arm. The arm keeps the exposed point of the mounted pen in contact with the chart paper. The recorder moves the arm in response to incoming data which causes the pen to record the data on the chart paper. The applicable subheading for GC# 32055365, GC# 32055723 and GC# 32055380 will be 9608.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for felt tipped and other porous-tipped pens and markers. The duty rate will be 4 percent ad valorem. 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