L83893 L8 Ruling Active

The tariff classification of a bendable ball point pen from China

Issued April 22, 2005 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9608.10.0000

Headings: 9608

Product description

You are requesting the tariff classification on a product that is described as a bendable ball point pen. Both the outer covering and the inner ink cartridge are bendable in nature. The purpose of this pen’s flexible construction is to ensure that the pen cannot be used as a weapon, and it will be of particular interest to those who are in charge of security in the prison system. Although the bendable pen differs in structure from a traditional ball point pen, it is nonetheless a ball point pen, and it will be classified as such in the tariff. Ball point pens are provided for in the tariff, and therefore no other classification would apply to the submitted merchandise (the bendable pen).

CBP rationale

The applicable subheading for the bendable ball point pen (no item # is indicated) will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating styli; propelling or sliding pencils (for example, mechanical pencils);…ball point pens.

Full text

NY L83893 April 22, 2005 CLA-2-96:RR:NC:2:224 L83893 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Mr. Stuart Modell Allscents USA P. O. Box 3277 Newport, DE 19804 RE: The tariff classification of a bendable ball point pen from China Dear Mr. Modell: In your letter dated April 6, 2005, you requested a tariff classification ruling. You are requesting the tariff classification on a product that is described as a bendable ball point pen. Both the outer covering and the inner ink cartridge are bendable in nature. The purpose of this pen’s flexible construction is to ensure that the pen cannot be used as a weapon, and it will be of particular interest to those who are in charge of security in the prison system. Although the bendable pen differs in structure from a traditional ball point pen, it is nonetheless a ball point pen, and it will be classified as such in the tariff. Ball point pens are provided for in the tariff, and therefore no other classification would apply to the submitted merchandise (the bendable pen). The applicable subheading for the bendable ball point pen (no item # is indicated) will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating styli; propelling or sliding pencils (for example, mechanical pencils);…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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