Ms. Barbara Dawley
Meeks & Sheppard
1735 Post Road, Suite 4
Fairfield, CT 06430
RE: The tariff classification of pen parts from Japan.
Dear Ms. Dawley:
In your letter dated February 29, 2000, on behalf of Pilot Corporation, you requested a tariff classification ruling.
The articles are described as pen parts and related materials that will be imported in bulk. The parts include the plastic upper barrel, plastic lower barrel, plastic plunger, plastic revolution cam (ratchet), plastic clip, plastic tail plug, metal tip with plastic tip holder, ink and grease. Subsequent to importation, the imported parts and materials will be assembled with domestically sourced metal coil springs and ink tubes to product gel ball point pens.
The applicable subheading for the plastic upper barrel, plastic lower barrel, plastic plunger, plastic revolution cam (ratchet), plastic clip, and plastic tail plug will be 9608.99.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of articles provided for in subheadings 9608.10, 9608.31 and 9608.39 (other than balls for ball point pens). The rate of duty will be free.
Your inquiry does not provide enough information for us to give a classification ruling on the metal tip with plastic tip holder, the ink or the grease. Your request for a classification ruling should include a sample of the metal tip with plastic tip holder, and a complete breakdown of the ingredients of the ink and grease with corresponding CAS numbers. When this information is available, you may wish to consider resubmission of your request.
Since no samples were provided with your request, we could not verify whether the parts are legally marked with the country of origin. U.S. Customs Headquarters has ruled, on a number of occasions (HQ 734053 of September 20, 1991), that the assembly of pens with American components does not constitute a substantial transformation of the parts, and the completed pen must be marked to indicate the country of origin. This is true whether the pens are sold or given away as a promotion. We suggest that you contact your local import specialist for advice on how the items must be marked before you import them.
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 Joan Mazzola at 212-637-7034.
Robert B. Swierupski