The tariff classification of a composite pen with a knife and a laser pointer from China

N058946 May 28, 2009 CLA-2-96:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Mr. Clint Kadel Bud K Worldwide 475 US Highway 319 S Moultrie, GA 31776 RE: The tariff classification of a composite pen with a knife and a laser pointer from China Dear Mr. Kadel: On April 29, 2009, we received your sample in response to our letter returning your request for a tariff classification ruling. The submitted sample is identified as a stainless steel ink pen. This item is a functional ball point pen that measures 5½” in length. When the top and bottom sections of the barrel are twisted in opposite directions, they separate into two sections and reveal a 1¼” knife blade which is attached to, and projects from, the bottom of the top section of the barrel. When the barrel is twisted back together, the blade is concealed within the top of the bottom section of the barrel, which is hollow so that it can conceal the blade within. The pen also features a small red laser pointer at the top end, of the type that is typically used for meeting presentations. The laser pointer operates by means of a small push button that is located on the side of the barrel. There is a clip located on the side of the barrel, near the top, that can be used to hang the pen on a garment pocket or elsewhere. This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. Whereas the knife blade is completely concealed within the barrel of the pen and the laser pointer is not apparent unless the small push button is depressed, this item has the appearance of a typical ball point pen and is functional as such. Therefore, it is the opinion of this office that the ball point pen provides this item with the essential character within the meaning of GRI 3(b). The applicable subheading for the stainless steel ink pen will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 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