NY 843231

July 18, 1989

CLA-2-96:S:N:N1:113 843231

CATEGORY: Classification

TARIFF NO.: 9608.10.0000

Mr. Ned H. Marshak
Sharretts, Paley, Carter & Blauvelt
67 Broad Street
New York, NY 10004

RE: The tariff classification of novelty pens from China.

Dear Mr. Marshak:

In your letter dated July 5, 1989 you requested a tariff classification ruling on behalf of your client, K Mart Corporation.

The item is described as a "Shock Absorber/Ball Point Pen." It consists of a ball point pen in the shape of an automobile shock absorber. Attached to the end of the pen by a permanent clip is a small car carrier which is designed to hold a small toy automobile which is supplied in the set.

The applicable subheading for the "Shock Absorber/Ball Point Pen" will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The rate of duty will be .8 cents each plus 5.4 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport