The tariff classification of Blopens, mini markers, paper and paper stencils from China

N044875 December 19, 2008 CLA-2-96:OT:RR:NC:N2:222 CATEGORY: Classification TARIFF NO.: 9608.20.0000 Mr. Adam Tromp Jakks Pacific, Inc. 21749 Baker Pkwy Walnut, CA 91789 RE: The tariff classification of Blopens, mini markers, paper and paper stencils from China Dear Mr. Tromp: In your letter dated November 12, 2008, you requested a tariff classification ruling. The submitted sample is identified as a Blopens Deluxe Set, item# 54400. This item includes eight Blopens. Each Blopen has three components; a clear plastic cylindrical jet tube, a plastic cylindrical cartridge and a plastic cylindrical mouthpiece. The cartridge contains colored ink and has a porous tip. The jet tube has a small aperture on one end and a larger aperture at the other end. The jet tube measures 3-3/8 inches in length. The cartridge measures 4-1/4 inches in length, including the porous tip. The mouthpiece measures 3-1/16 inches in length. When in use, the cartridge is inserted into the clear tube through the large aperture, tip first, until the tip comes in contact with the small aperture at the other end of the jet tube. Next the mouthpiece is pushed over the end of the cartridge that is opposite the porous tip until it fits securely over the end of the jet tube that has the large aperture. When assembled, the Blopen measures 6 inches in length. This item is designed to allow the ink that is contained within the cartridge to be blown by mouth onto a page through the small aperture of the jet tube. If the jet tube and mouthpiece are not used, the Blopen cartridge may also be used to draw or write in the same manner as any other porous tipped marker. In addition to the eight Blopens, this item also includes four porous-tipped mini markers that each measures 3-1/16 inches in length. Also included are seven paper stencils, ten sheets of paper and an instruction booklet. This item is packaged for retail sale. As you requested, the sample will be returned to you. This item is considered to be “goods put up in sets for retail sale” within the meaning of General Rule of Interpretation (GRI) 3. It is the opinion of this office that the Blopens provide this item with the essential character within the meaning of GRI 3(b). The applicable subheading for item# 54400 will be 9608.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for felt tipped and other porous-tipped pens and markers. The rate of duty will be 4 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division