RE: The tariff classification of a ballpoint pen from China

U.S. Department of Homeland Security U.S. Customs and Border Protection National Commodity Specialist Division One World Trade Center, Suite 51.201 New York, NY 10007 U.S. Customs and Border Protection N364145 August 24, 2026 CLA-2-96:OT:RR:NC:N4:462 CATEGORY: Classification TARIFF NO.: 9608.10.0000 Krista Fedon OOLY, LLC. 5607 Palmer Way Carlsbad, CA 92010 RE: The tariff classification of a ballpoint pen from China Dear Ms. Fedon: In your letter dated August 7, 2026, you requested a tariff classification ruling. Images and product information were provided in lieu of a sample. The product under consideration is described as the “Feeling Lucky Click Message Pen,” style number 132-183. It is a retractable ballpoint pen with black ink that is used for writing. The pen has a pink plastic barrel with a green plastic clip/accents, and features a click top that, when pressed, will rotate messages displayed in the two clear plastic windows located on either side of the barrel. The pen will include six messages such as, “Luck is coming your way,” and “All signs point to yes.” The pen will be packaged on a blister card and sold primarily to art, craft, and gift shops as a novelty pen item for ages 14 and up. The applicable subheading for the “Feeling Lucky Click Message Pen,” style number 132-183, 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. The duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on the Trade Remedy/IEEPA page at https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 CFR 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, please contact National Import Specialist Sandra Walia at [email protected]. Sincerely, (for) James P. Forkan Director National Commodity Specialist Division