Analysis
HTS 9608.20.00 covers felt tipped and other porous-tipped pens and markers under heading 9608 (ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens…).
Within this group the rate runs from duty-free to 6.6%. Compared with 9608.99.60 (other: other), which pays duty-free, a misclassification either way moves the duty by 4 percentage points.
Goods that qualify under GSP, the Australia FTA, the Bahrain FTA, the Chile FTA, the Colombia TPA, and 13 others can enter duty-free instead of paying 4%. It is also eligible under GSP, the developing-country programme, which Congress has to renew; check whether GSP is in force on the entry date.
The column 2 rate, for countries without normal trade relations, is 40%, 10.0 times the general rate.
The general duty rate is 4% of the customs value, which is in the middle of the rates in chapter 96 (51st percentile of 104 lines with an ad valorem rate). On a shipment valued at $10,000 that is $400 in duty before any Chapter 99 additions or preference claims.
Neighbouring lines
| Line | Description | General rate |
|---|---|---|
| 9608.10.00 | Ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating styli; propelling or sliding pencils (for example, mechanical pencils); pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609: ball point pens | 0.8¢ each + 5.4% |
| 9608.30.00 | Fountain pens, stylograph pens and other pens | 0.4¢ each + 2.7% |
| 9608.40.40 | With a mechanical action for extending, or for extending and retracting, the lead | 6.6% |
| 9608.40.80 | Propelling or sliding pencils (for example, mechanical pencils): other | Free |
| 9608.50.00 | Sets of articles from two or more of the subheadings 9608.10, 9608.20, 9608.30 or 9608.40 | The rate applicable to each article in the absence of this subheading |
| 9608.60.00 | Refills for ball point pens, comprising the ball point and ink reservoir | 0.4¢ each + 2.7% |
| 9608.91.00 | Pen nibs and nib points | Free |
| 9608.99.20 | Other: refill cartridges | 0.4¢ each + 2.7% |
| 9608.99.30 | Balls for ball point pens | 20¢/thousand + 3.5% |
| 9608.99.40 | Parts of articles provided for in subheadings 9608.10 and 9608.30 (other than balls for ball point pens) | Free |
| 9608.99.60 | Other: other | Free |