NY 867355
OCT 1 1991
CLA-2-96:S:N:N1:113 867355
3919.90.5060; 396.90.9090
Mr. Alexander P. Milne
ADD-IT Systems Incorporated
138 West 4th Street
North Vancouver, BC Canada V7M 1H5
RE: The tariff classification of ball point pens from Canada
Dear Mr. Milne:
In your letter dated August 20, 1991, you requested a tariff
classification ruling.
The merchandise is the type of pen which would usually be
found in a bank or other public place for the convenience of
customers. The item consists of a ball point pen on a cable,
attached to a stand with an adhesive base which may be secured to
a desk or table with an screw. Included in the package is a
"refill-change key." The key allows the pen to be opened so
that a refill may be inserted.
The applicable subheading for the item in the entirety 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 0.8 cents each plus 5.4% ad valorem.
Goods classifiable under subheading 9608.10.0000, HTS, which
have originated in the territory of Canada, will be entitled to a
free rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
Since the pen is of modular design, you also wish to know
the classification of certain replacement parts: a replacement
pen with cable, a replacement cable, a replacement base, an
adhesive pad, and the refill change key.
The applicable subheading for the replacement pen with cable
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 0.8 cents each plus 5.4% ad valorem.
Goods classifiable under subheading 9608.10.0000, HTS, which
have originated in the territory of Canada, will be entitled to a
free rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
The replacement cable is wire rope of carbon steel, about 30
inches long with plastic and metal fittings attached.
The applicable subheading for the replacement cable will be
7312.10.7000, Harmonized Tariff Schedule of the United States
(HTS), which provides for rope, cables and cordage other than
stranded wire, other, fitted with fittings or made up into
articles. The rate of duty will be 5.7% ad valorem.
Goods classifiable under subheading 7312.10.7000, HTS, which
have originated in the territory of Canada, will be entitled to a
3.9% ad valorem rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
The applicable subheading for the circular, plastic adhesive
pad will be 3919.90.5060, Harmonized Tariff Schedule of the
United States (HTS), which provides for self-adhesive plates,
sheets ... and other flat shapes, of plastics, other, other. The
rate of duty will be 5.8% ad valorem.
Goods classifiable under subheading 3919.90.5060, HTS, which
have originated in the territory of Canada, will be entitled to a
4.6% ad valorem rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
The "refill key" is not a key as contemplated by the
headings for "keys" in the HTS, since it does not open a lock.
It is a plastic device for unscrewing the pen.
The applicable subheading for the refill key will be
3926.90.9090 , Harmonized Tariff Schedule of the United States
(HTS), which provides for other articles of plastic, other. The
rate of duty will be 5.3% ad valorem.
Goods classifiable under subheading 3926.90.9090, HTS, which
have originated in the territory of Canada, will be entitled to a
3.7% ad valorem rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
The applicable subheading for the replacement base will be
8304.00.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for pen trays, office stamp stands and
similar office or desk equipment and parts thereof of base metal.
The rate of duty will be 5.7% ad valorem.
Goods classifiable under subheading 8304.00.0000, HTS, which
have originated in the territory of Canada, will be entitled to a
3.9% ad valorem rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
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