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NY 804440

December 1, 1994

CLA-2-96:S:N:N3:113 804440


TARIFF NO.: 9609.10.0000

Ms. Agnes Olson
Impact, Inc.
1515 N. Federal Highway
Suite 208
Boca Raton, FL 33432

RE: The tariff classification of a Party Set from Hong Kong, China or Taiwan

Dear Ms. Olson:

In your letter dated November 15, 1994, you requested a tariff classification ruling.

The merchandise is item 38082, the X-Mentm Mutant Party Set, containing a memo pad, a pencil sharpener, an eraser, a ruler and a lead pencil. The sample you provided shows the items packaged together for retail sale in a plastic bag.

The applicable subheading for the Party Set will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14 cents per gross [pieces in the set] plus 4.3 percent ad valorem.

Pencils from China are subject to Anti-dumping duties. If the pencil is a product of China, before importing it, please contact:

Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Avenue, N.W. Washington, DC 20230

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.


Jean F. Maguire
Area Director
New York Seaport

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