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NY B88595

October 21, 1997

CLA-2-96:RR:NC:MM:113 B88595


TARIFF NO.: 9609.90.4000

Mr. Michael A. Reilly
Prym Dritz Corporation
P.O. Box 5028
Spartanburg, SC 29304

RE: The tariff classification of tailor's chalk pencils from China

Dear Mr. Reilly:

In your letter dated August 6, 1997, you requested a tariff classification ruling.

The merchandise is the Dritz Dressmaker's Marking Pencil. The item resembles a pencil with a small brush in place of an eraser, and comes in colors of pink, white, blue and yellow. Samples were sent to the Customs Laboratory for testing and the leads of these pencils proved to be made of soapstone [steatite]. This is the substance used to make tailor's chalk. Therefore, despite the description, the article is a chalk, rather than a pencil.

The applicable subheading for the tailor's chalk will be 9609.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for tailor's chalks. The rate of duty will be free of duty.

This ruling is being issued under the provisions of Part 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.


Robert B. Swierupski

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