The tariff classification of a Scribble Writer Vibrating Pen from China

NY M84678 July 11, 2006 CLA-2-96:RR:NC:2:224 M84678 CATEGORY: Classification TARIFF NO.: 9608.99.6000 Ms. Joseph R. Hoffacker Barthco Trade Consultants 5101 S. Broad Street Philadelphia, PA 19112-1404 RE: The tariff classification of a Scribble Writer Vibrating Pen from China Dear Mr. Hoffacker: In your letter dated June 29, 2006, you requested a tariff classification ruling, on behalf of Big Lots Stores, Inc., your client. You are requesting the tariff classification on a product that is described as a Scribble Writer Vibrating Pen, item #3261. The product consists of 1 plastic pen- holder, and 5 interchangeable pens in 5 different colors of ink, packaged and sold in a blister pack. The product is battery operated, and the pen spins and vibrates while in use. The sample will be returned, as requested by your office. The pen-holder and pens, item #3261, will be sold and marketed as a set, and the product will also be considered a set for tariff purposes. No one heading in the tariff schedule covers these components in combination; GRI 1 cannot be used as a basis of classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3 (b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. Noting GRI-3 (b), the component that gives the set its essential character would dictate the classification of the set. The pen-holder portion of this particular set exemplifies the essential character. Therefore, the applicable subheading for the Scribble Writer Vibrating Pen, item number 3261, will be 9608.99.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ball point pens; felt tipped and other porous-tipped pens and markers… pen-holders, pencil holders and similar holders…other: other. The rate of duty will be free. 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