NY a81577: The tariff classification of pens from Hong Kong.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                         
							
	NY A81577

	April 8, 1996

CLA-2-76:RR:NC:GI:115 A81577  

CATEGORY:  Classification

TARIFF NO.: 7616.90.5090; 8543.89.9090  

Ms. Lauri Rossoff
LA Gear
2850 Ocean Park Blvd.
Santa Monica, CA 90404

RE:  The tariff classification of pens from Hong Kong.

Dear Ms. Rossoff:

	  In your letter dated March 8, 1996, you requested a tariff classification ruling.         
    
	  The subject items are described as follows:

	  a) Cold pen - an empty plastic container with an aluminum rod through           the center.  It will be filled with water and used for writing on             L.A. Gear tennis shoes that are made of a warm or cold sensitive              material, to change color.

	  b) Warm pen - a plastic casing similar to a flashlight in shape with a           copper wire and a resistor (controls the temperature so it does not           go over 95 degrees).  Will utilize 2 AA batteries which are not               included with the importation of the pen.  The tip heats up and               is used for writing on L.A. Gear tennis shoes. 

	  The applicable subheading for the cold pen will be 7616.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum: other.  The duty rate will be 4.4% ad valorem.

	  The applicable subheading for the warm pen will be 8543.89.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, not specified or included elsewhere in Chapter 85.  The duty rate will be 3.4% 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 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,

                                   
  
                         		Roger J. Silvestri
	                         	Director
	                         	National Commodity
                                   Specialist Division