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June 4, 1999

CLA-2-96:RR:NC:N1:113 E82845

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000; 4202.92.3031

Ms. Betty Flashing
French Craft Leather Goods, Inc.
234 West 24th Street
Los Angeles, CA 90007

RE: The tariff classification of pencils and a case from China

Dear Ms. Flashing:

In your letter dated May 26, 1999, you requested a classification ruling.

The submitted sample is item number CM97436, a blister pack containing 2 pencils and a zippered case. The case is manufactured of a textile material with a polyvinyl chloride (PVC) backing . The exterior surface is of man-made fiber. The case is a utility pouch for personal effects during travel. Both the pencils and the pouch are decorated with the logo, “Class of 2000”.

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 duty rate will be 14 cents per gross plus 4.3 percent ad valorem.

Cased pencils from China may be subject to anti-dumping duties. Before you import, we recommend that you contact the International Trade Commission at:

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

The applicable subheading for the pouch will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle casesand similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, of wholly or mainly covered with such materials or with paper, other, with outer surface of sheeting of plastic or of textile materials, travel, sports and similar bags, with outer surface of textile materials, other, other, other. The duty rate will be 18.8 percent ad valorem.

The pouch falls within textile category designation 670. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Jim Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director,

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