NY 853573

JUN 22 1990


CLA-2-96:S:N:N1:113 853573

Ms. Judith Demeron
A.O.T Custom Service Ltd.
P.O.Box 66087
Chicago, Illinois 60666-0087

RE: The tariff classification of a ball point pen and mechanical pencils from West Germany.

Dear Ms. Demeron:

In your letter dated June 11, 1990 on behalf of Fisher Pen Company you requested a tariff classification ruling. The samples you submitted consisted of a ball point pen, a mechanical pencil, and a bullet twist pencil. The applicable subheading for the 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 and 5.4 percent ad valorem.

The applicable subheading for the mechanical pencil and the bullet twist pencil will be 9608.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for propelling or sliding pencils. The rate of duty will be 6.6 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