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July 9, 1999

CLA-2-96:RR:NC:N1:113 E84245


TARIFF NO.: 9609.10.0000

Ms. Sherry Yu
Sino Pacific Customs Brokerage
401 Broadway, Suite 501
New York, NY 10013

RE: The tariff classification of a stationery set from China and Taiwan

Dear Ms. Yu:

In your letter dated June 25, 1999, on behalf of Shenny Enterprises, Inc., you requested a tariff classification ruling.

The sample you provided is a Study Kit, item #FH-MG512. The 5-piece kit contains 2 lead pencils, 1 plastic stencil and 1 eraser in a plastic, zippered pouch. You state that the pencils are made in Taiwan. That being the case, the sample you provided is not legally marked with the country of origin. Before importing the goods, we suggest you contact your local Customs port for advice on correct country-of-origin marking.

The applicable subheading for the Study Kit will be 9609.10.000, 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 [pieces] plus 4.3 percent ad valorem.

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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