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NY C81379

November 10, 1997

CLA-2-96:RR:NC:MM:113 C81379


TARIFF NO.: 9609.10.0000

Ms. Lynn O'Beirn
Four Star International Trading Company
3330 East 79th Street
Cleveland, OH 44127

RE: The tariff classification of pencils from China

Dear Ms. O'Beirn:

In your letter dated October 31, 1997, you requested a tariff classification ruling.

The merchandise is a bag of 16 lead pencils with eraser tops (item 24010320H). The pencils are painted in a marbleized pattern in various colors.

The applicable subheading for the lead pencils 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 [of pencils] plus 4.3 percent ad valorem.

Pencils that are the product of China may be subject to additional anti-dumping duties. Before importing the pencils, we suggest that you contact:

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

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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