CLA-2-96:OT:RR:NC:N4:422
Ms. Courtney Cabin
C.H. Robinson
1501 Mittel Blvd
Suite A
Wood Dale, IL 60191
RE: The tariff classification of ball point refills, barrels and noses from China
Dear Ms. Cabin:
In your letter dated October 11, 2012, on behalf of Industries for the Blind, Inc., you requested a tariff classification ruling.
The submitted samples are identified as follows:
PR-7702BK – Ball point pen refill black fine
PR-7702Rd – Ball point pen refill red fine
PR-7703BK – Ball point pen refill black medium
PR-7703BE – Ball point pen refill blue medium
PR-7703Rd – Ball point pen refill red medium
PAB-7311BG – Ball point pen barrel black fine
PAB-7311BG – Ball point pen barrel red fine
PAB-7771BG – Ball point pen barrel black medium
PAB-7772BG – Ball point pen barrel blue medium
PAB-7773BG – Ball point pen barrel red medium
PS-7703BG – Ball point pen nose tip
Each of the items identified as a pen refill is comprised of a plastic tubular reservoir filled with either black, red or blue ink, as identified, a spring and either a fine or medium tip with a ball point. Each of the items identified as a barrel is made of plastic that is covered with rubber and has an attached clip which is of the color identified in the description. The item identified as a nose tip is made of chrome plated plastic. The importer will import these items in bulk and they will be packaged together by part number. They may or may not be imported in equal quantities. These parts will be assembled into complete pens in the United States.
The applicable subheading for PR-7702BK, PR-7702Rd, PR-7703BK, PR-7703BE, PR-7703 Rd, PAB-7311BG, PAB-7311BG, PAB-7771BG, PAB-7772BG, PAB-7773BG and PS-7703BG, when each is imported in equal quantities with the rest of the components that will be assembled into complete pens, will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem.
The applicable subheading for PR-7702BK, PR-7702Rd, PR-7703BK, PR-7703BE and PR-7703 Rd, when each is not imported in equal quantities with the rest of the components that will be assembled into complete pens, will be 9608.60.0000, HTSUS, which provides for refills for ball point pens, comprising the ball point and ink reservoir. The rate of duty will be 0.4 cents each plus 2.7 percent ad valorem.
The applicable subheading for PAB-7311BG, PAB-7311BG, PAB-7771BG, PAB-7772BG, PAB-7773BG and PS-7703BG, when each is not imported in equal quantities with the rest of the components that will be assembled into complete pens, will be 9608.99.4000, HTSUS, which provides for parts of articles provided for in subheadings 9608.10…. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Gary Kalus at (646) 733-3055.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division