The tariff classification of ball point pens with liquid graphite ink from China
Issued August 9, 2011 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9608.10.0000
Headings: 9608
GRI rules applied: GRI 3(b)
Product description
This submitted sample is identified as a Liquid Pencil Set, Item Number A068IA02081. This item is a writing instrument with a clear round plastic barrel, a soft grip and a clip that is designed to enable the item to hang on a garment pocket or elsewhere. It has a small chrome plated ball at one end, by which the ink is dispersed, and a removable eraser on the other end. The ink is made of liquid graphite. Although only one writing instrument was submitted as a sample, the item will be imported in a retail package that will include two writing instruments and six spare erasers. Both writing instruments of each package will either be of blue color or of black color. The submitted sample is of blue color. This imported item is considered to be "goods put up in sets for retail sale" within the meaning of General Rule of Interpretation (GRI) 3 and each set is classifiable under a single tariff provision. The erasers are mere adjuncts that enable mistaken marks to be eliminated. Therefore, it is the opinion of this office that the ball point pens provide this item with the essential character within the meaning of GRI 3(b).
CBP rationale
The applicable subheading for Item Number A068IA02081 will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ball point pens.
Full text
N174737 August 9, 2011 CLA-2-96:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Mr. Troy D. Crago-Edwards CE Consulting Services, LLC 501 Esplanade #228 Redondo Beach, CA 90277 RE: The tariff classification of ball point pens with liquid graphite ink from China Dear Mr. Crago-Edwards: In your letter dated July 6, 2011, on behalf of Atico International USA, Inc., you requested a tariff classification ruling. This submitted sample is identified as a Liquid Pencil Set, Item Number A068IA02081. This item is a writing instrument with a clear round plastic barrel, a soft grip and a clip that is designed to enable the item to hang on a garment pocket or elsewhere. It has a small chrome plated ball at one end, by which the ink is dispersed, and a removable eraser on the other end. The ink is made of liquid graphite. Although only one writing instrument was submitted as a sample, the item will be imported in a retail package that will include two writing instruments and six spare erasers. Both writing instruments of each package will either be of blue color or of black color. The submitted sample is of blue color. This imported item is considered to be "goods put up in sets for retail sale" within the meaning of General Rule of Interpretation (GRI) 3 and each set is classifiable under a single tariff provision. The erasers are mere adjuncts that enable mistaken marks to be eliminated. Therefore, it is the opinion of this office that the ball point pens provide this item with the essential character within the meaning of GRI 3(b). The applicable subheading for Item Number A068IA02081 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
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