The tariff classification of a lighted ball point pen from Taiwan.

NY G87304 February 22, 2001 CLA-2-96:RR:NC:N2:221 G87304 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Mr. Peter D. Alberdi A.J. Arango, Inc. 1516 E. 8th Avenue Tampa, FL 33605 RE: The tariff classification of a lighted ball point pen from Taiwan. Dear Mr. Alberdi: In your letter dated February 9, 2001, you requested a tariff classification ruling on behalf of HIT Promotional Products, Florida. The sample submitted with your request is a ball point pen that incorporates a light. The pen point extends or retracts when the barrel is twisted. The light turns on and off when a button on top of the pen is depressed. The applicable subheading for the lighted 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. Please note that the submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part: Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S. 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 212-637-7034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division