This ruling has been revoked and is no longer current.
Superseded by {H149977}.
The tariff classification of four ball-point novelty pens from Taiwan.
Issued February 12, 2003 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardJ8 J81101 (February 12, 2003)
Tariff classification
HTS codes: 9608.10.0000
Headings: 9608
Product description
, your client. You are requesting the tariff classification on four novelty pens that are cased in the following: a clown with beads, a kangaroo with baby, astronaut and a silver alien/skeleton.
CBP rationale
The applicable subheading for the four novelty pens (clown, kangaroo, astronaut and alien/skeleton) will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens.
Full text
NY J81101 February 12, 2003 CLA-2-96:RR:NC:2:224 J81101 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Nardat Persaud Advance Shipping Co. Inc. 30 Vesey Street Suite 1005 New York, NY 10007 RE: The tariff classification of four ball-point novelty pens from Taiwan. Dear Mr. Persaud: In your letter dated January 31, 2003, you requested a tariff classification ruling, on behalf of Chulani International Inc., your client. You are requesting the tariff classification on four novelty pens that are cased in the following: a clown with beads, a kangaroo with baby, astronaut and a silver alien/skeleton. You state in your ruling request that the articles will be sold commercially as toys, however the items are totally functional pens. The outside casings of these pens have doll and toy-like motifs but the casings do not detract or interfere with the functioning of the pen. Although the unique outside portions are marketing tools, the classification of the items will be as pens in Chapter 96 of the HTS. You have not requested the return of your samples. The applicable subheading for the four novelty pens (clown, kangaroo, astronaut and alien/skeleton) 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 ¢ each + 5.4 % 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 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 Tom McKenna at 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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