CLA-2-32:RR:NC:2:236 C84082

Mr. Henrik Wils
8000 Montgomery Blvd NE #316
Albuquerque, New Mexico 87109

RE: The tariff classification of The Swedish "Color Pin" (Ink Anti-Theft Device) from Sweden

Dear Mr. Wils:

In your letter received February 10, 1998, you requested a tariff classification ruling.

The sample submitted is a "Color Pin" (Ink Anti-Theft Device) for preventing of the theft of clothes. The device is composed of a plastic capsule which is approximately 1 1/2" in diameter by 5/8" in thickness. It is filled with red ink. The ink capsule is attached with a steel pin to clothing or other items in department stores. If unauthorized persons try to remove the pin, the ink will leak onto the clothing.

There is no en nomine provision for this item. GRI 3(b) is applicable in order to determine the essential character. Based on use of the product, it is our opinion that the ink conveys the essential character to the product.

The applicable subheading for the "Color Pin" (Ink Anti-Theft Device) will be 3215.90.5000, Harmonized Tariff Schedule of the United States, which provides for Printing ink, writing or drawing ink and other inks, whether or not concentrated or solid: Other: Other. The rate of duty will be 1.8 percent ad valorem.

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 V. Gualario at 212-466-5744.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division