The tariff classification of pens from Hong Kong.
Issued April 8, 1996 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 7616.90.5090, 8543.89.9090
Product description
The subject items are described as follows: a) Cold pen - an empty plastic container with an aluminum rod through the center. It will be filled with water and used for writing on L.A. Gear tennis shoes that are made of a warm or cold sensitive material, to change color. b) Warm pen - a plastic casing similar to a flashlight in shape with a copper wire and a resistor (controls the temperature so it does not go over 95 degrees). Will utilize 2 AA batteries which are not included with the importation of the pen. The tip heats up and is used for writing on L.A. Gear tennis shoes.
CBP rationale
The applicable subheading for the cold pen will be 7616.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum: other. The applicable subheading for the warm pen will be 8543.89.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, not specified or included elsewhere in Chapter 85.
Full text
NY A81577 April 8, 1996 CLA-2-76:RR:NC:GI:115 A81577 CATEGORY: Classification TARIFF NO.: 7616.90.5090; 8543.89.9090 Ms. Lauri Rossoff LA Gear 2850 Ocean Park Blvd. Santa Monica, CA 90404 RE: The tariff classification of pens from Hong Kong. Dear Ms. Rossoff: In your letter dated March 8, 1996, you requested a tariff classification ruling. The subject items are described as follows: a) Cold pen - an empty plastic container with an aluminum rod through the center. It will be filled with water and used for writing on L.A. Gear tennis shoes that are made of a warm or cold sensitive material, to change color. b) Warm pen - a plastic casing similar to a flashlight in shape with a copper wire and a resistor (controls the temperature so it does not go over 95 degrees). Will utilize 2 AA batteries which are not included with the importation of the pen. The tip heats up and is used for writing on L.A. Gear tennis shoes. The applicable subheading for the cold pen will be 7616.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum: other. The duty rate will be 4.4% ad valorem. The applicable subheading for the warm pen will be 8543.89.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, not specified or included elsewhere in Chapter 85. The duty rate will be 3.4% 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division
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