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NY F85024

April 4, 2000

CLA-2-96:RR:NC:SP:221 F85024


TARIFF NO.: 9609.90.8000

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33202

RE: The tariff classification of a 68 piece art set (Item #H68K0501) from China.

Dear Ms. Liu:

In your letter dated March 24, 2000, you requested a tariff classification ruling.

A sample was provided with your letter. The art set contains 12 color felt tipped markers, 12 color pencils, 12 crayons, 12 oil pastels, 12 water colors, a pencil, palette, brush, eraser, sharpener, ruler and one white water color tube. The art supplies are packed inside a plastic case that is specially fitted to hold the contents. The art set is packaged together for retail sale in a cardboard box with a clear plastic viewing panel. The items will be classified together as a set. No one item imparts the essential character and classification will be in accordance with GRI 3(c), in the subheading which appears last in the tariff among those items that equally merit consideration. As you requested, the sample is being returned.

The applicable subheading for the art set will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencilscrayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailor’s chalksother, other. The rate of duty will be free.

Importations from China of certain cased pencils 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 Joan Mazzola at 212-637-7034.


Robert B. Swierupski

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