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April 21, 1999

CLA-2-96:RR:NC:N1:113 E80376


TARIFF NO.: 9609.10.0000

Mr. Jonathan P. Beck
Tower Group International
107 Henderson Drive
Sharon Hill Court 1
Sharon Hill, PA 19079-1033

RE: The tariff classification of pencils from China

Dear Mr. Beck:

In your letter dated March 15, 1999, received in this office on April 7, 1999, on behalf of Kalan LP, you requested a tariff classification ruling.

The sample you provided is of a pencil decorated with a topper. The topper is a Santa Claus puppet head.

The applicable subheading for the 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 plus 4.3 percent ad valorem.

Importations from China of certain cased pencils of any shape or dimension that feature cores of graphite or other materials encased in wood and/or man-made materials, whether or not decorated and whether or not tipped (e.g., with erasers, etc. ) in any fashion, and either sharpened or unsharpened, may be subject to dumping duties. Before importing the goods, we suggest you 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 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 212-637-7008.


Robert B. Swierupski

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