The tariff classification of a ball point pen from China.
Issued April 17, 2001 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9608.10.0000
Headings: 9608
Product description
The “Light Up Pen” (Smiley Item No. LUPS1) is a ball point pen with a “smiley face” top that lights up when the pen is used for writing. As you requested, the sample is being returned. You suggest classification in subheading 9503.90.0000, HTS, which provides for toys. However, this product is simply a pen that lights up when the person is writing. It is novelty pen that is designed for writing.
CBP rationale
The applicable subheading for the Light Up Pen will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens.
Full text
NY G88981 April 17, 2001 CLA-2-96:RR:NC:SP:221 G88981 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Ms. Patti Cordo American Cargo Express Inc. 435 Division Street Elizabeth, NJ 07201 RE: The tariff classification of a ball point pen from China. Dear Ms. Cordo: In your letter dated March 21, 2001, on behalf of DB Toy Products, Inc., you requested a tariff classification ruling. A sample was provided with your letter. The “Light Up Pen” (Smiley Item No. LUPS1) is a ball point pen with a “smiley face” top that lights up when the pen is used for writing. As you requested, the sample is being returned. You suggest classification in subheading 9503.90.0000, HTS, which provides for toys. However, this product is simply a pen that lights up when the person is writing. It is novelty pen that is designed for writing. The applicable subheading for the Light Up Pen will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent 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 Joan Mazzola at 212-637-7034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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