CLA-2-96:RR:NC:GI:113 818456

Mr. Jerry P. Wiskin
Sonnnenberg and Anderson
90 West Street, 10th Floor
New York, NY 10006

RE: The tariff classification of parts of cosmetic pencils from Germany

Dear Mr. Wiskin:

In your letter dated January 19, 1996, on behalf of Schwan-STABILO, you requested a tariff classification ruling.

The merchandise is various parts of mechanical twiststicks. The imported components consist of a plastic threaded rod, a plastic sealing ball, and a seal. They are to be assembled with other parts into a so-called mechanical twiststick. The twiststick will contain some type of cosmetic, such as eye shadow. The user twists the body of the stick, and the cosmetic is extended out the open end. In this sense, the stick resembles a propelling pencil. Because of this, it is our opinion that the parts are the same a class or kind as parts of propelling pencils. The applicable subheading for the twiststick parts will be 9608.99.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of the foregoing articles [propelling or sliding pencils]. The duty rate will be 2.3 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 James Smyth at 212-466-2084.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division