CLA-2-96:S:N:N1:113 878993

Mr. Gawaine Ward
A.N. Deringer, Inc.
R.D. #1 --- Box W-432
Alexandria Bay, NY 13607

RE: The tariff classification of ball point pen parts from Canada

Dear Mr. Ward:

In your letter dated September 29, 1992, on behalf of Fisher Gauge Ltd., you requested a tariff classification ruling. The merchandise is ball point pen parts. The parts consist of metal heads which screw into the barrel of the pen to hold the ink cartridge in place.

The applicable subheading for the pen parts will be 9608.99.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of [ball point pens, other than balls for ball point pens]. The rate of duty will be 0.9 cent each plus 6.1 percent ad valorem.

Goods classifiable under subheading 9608.99.4000, HTS, which have originated in the territory of Canada, will be entitled to a 0.5 cent each plus 3.6 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 9608.99.4000, HTS, which have originated in the territory of Canada, will further be entitled temporarily to a free rate of duty under the Temporary Modifications established pursuant to 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