Ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 96.09.

For the purpose of classification, this set is considered a "good put up in sets for retail sale" and is classified according to the component which gives the set its essential character. In the present case, the essential character of the good is determined by the pen and not the nib or ink cartridges. Subheading 9608.30 specifically provides for fountain pens and the Explanatory Note to...

Source: advance_ruling (C-2016-008896)

Ballpoint pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading9609

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

Ballpoint pens See the HS Explanatory Note to heading 9608 , (1). Articles falling in these subheadings may incorporate an electronic timepiece (usually, with a digital display).

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

Fountain pens, stylograph pens and other pens See the HS Explanatory Note to heading 9608 , (3). This subheading includes so-called ‘touch pens’, which are styluses for touch screens of any material. There are generally two groups of the styluses: those for resistive screens and those for capacitive screens.

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

Propelling or sliding pencils See the HS Explanatory Note to heading 9608 , (5).

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

Pen nibs and nib points This subheading also covers heads for special pens used with stencils.

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

Other This subheading includes balls for ballpoint pens; they are usually made of tungsten carbide but also of other metals (excluding those of steel, heading 7326 or 8482 ) and range from 0,6 to 1,25 mm in diameter. However, balls for pen nibs and nib points fall in subheading 9608 91 00 , irrespective of their material (see the HS Explanatory Note to heading 9608 , parts).

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

[85]The Tribunal observes that, in addition to listing“ball point pens”and“propelling or sliding pencils”, the terms of heading 96.08 include various other descriptions, including“parts (including caps and clips) of the foregoing articles”. Moreover, the explanatory note to heading 96.08 clearly states that the heading includes not only pens and pencils but also all identifiable parts not...

Source: citt_decision (AP-2021-027)

[120]Lastly, KMS appears to suggest thatnote 1 of the explanatory notes to heading 96.08, which indicates that ballpoint pens“generally consist of a body enclosing a tube of ink terminated by a ball”,does not permit the goods to be classified as“ball point pens”because the goods do not include a body.

Source: citt_decision (AP-2021-027)

[122]It is clear that note 1 of the explanatory notes to heading 96.08 describes afinishedballpoint pen. However, as noted above at paragraphs 89 to 91 of these reasons, provided that chapter or heading notes do not otherwise require, Rule 2(a) of the General Rules extends the scope of any subheading to include a reference to that article incomplete or unfinished, provided the incomplete or...

Source: citt_decision (AP-2021-027)