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NY 817059

December 5, 1995

CLA-2-96:RR:NC:GI:113 817059


TARIFF NO.: 9609.90.8000

Mr. Michael Hester
Expeditors International
849 Thomas Drive
Bensenville, IL 60106

RE: The tariff classification of a chalk writer and chalk from China

Dear Dear Mr. Hester:

In your letter dated October 21, 1995, received in this office November 30, 1995, on behalf of Cadaco, you requested a tariff classification ruling.

The merchandise is the Super Chalk Writer, item number 8800 and Super Stick Chalk, item number 8920. The Super Chalk Writer is a chalk-filled plastic instrument used by children to draw on the ground from a standing position. It is shaped like a tube, measuring approximately 20 inches in length and 1.5 inches in diameter. The Super Chalk Writer contains 5 large sticks of colored chalk. Super Stick Chalk is a package of 5 large sticks of chalk in assorted colors.

The applicable subheading for both the Super Chalk Writer and Super Stick Chalk will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils, crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors' chalks, other, other. The rate of duty will be 4.4 cents per gross plus 2.7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 212-466-2084.


Roger J. Silvestri

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