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July 20, 1999

CLA-2-96:RR:NC:N1:113 E83216


TARIFF NO.: 9609.10.0000; 6307.90.9989

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a Halloween Pack from China

Dear Mr. Hoffacker:

In your letter dated June 3, 1999, on behalf of Raymond Geddes & Co., you requested a tariff classification ruling.

The sample you provided is a Halloween Pack, item 4522, consisting of 48 pencils and a “trick-or-treat” pencil holder. The pencils are standard pencils with colorful designs. The household pencil holder is made in the shape of a pumpkin head basket with a green face and orange hair. The holder has a handle “hat” of black fabric. It is 4 inches [10.3 cm.] high and about 5 ½ inches [14 cm.] in diameter.

The applicable subheading for the pencil holder will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . .Other: Other: Other: Other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the pencils will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks or tailors’ chalks, 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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