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NY G85266




December 20, 2000

CLA-2-96:RR:NC:SP:221 G85266

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

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

RE: The tariff classification of the “Cyberflex” plastic pencils from China.

Dear Mr. Hoffacker:

In your letter dated December 6, 2000, on behalf of Raymond Geddes & Co., Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The Cyberflex pencils consist of leads encased in a plastic sheet. Though the pencils may be flexed, they are essentially rigid. The sample is approximately 15 inches in length. The Cyberflex pencils will also be imported in standard lengths. As you requested the sample is being returned.

The applicable subheading for the Cyberflex 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 and tailors’ chalkspencils 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. The rate of duty will remain unchanged in 2001.

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

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.

Sincerely,

Robert B. Swierupski
Director,

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