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NY J81304

February 20, 2003

CLA-2-96:RR:NC:2:224 J81304


TARIFF NO.: 9609.10.0000

Ms. Wanda Habrial
Binney & Smith
1100 Church Lane
Easton, PA 18044

RE: The tariff classification of Crayola Twistable crayons from China.

Dear Ms. Habrial:

This letter replaces the ruling letter we sent to you under file number J80218. The purpose of this replacement letter is to correct a clerical error that was made in NY J80218 dated January 27, 2003.

You are requesting the tariff classification on a product that is designated as item number 52-7408-A-000. The item is a crayon with a rigid plastic outer surface (sheath). As the crayon is used for coloring, you may twist the barrel end to refresh the crayon point. The same product is available under additional item numbers with other color combinations and packaging. You have not requested the return of your sample.

The applicable subheading for the Crayola Twistable crayons 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 rate of duty will be 14 ¢ / gross + 4.3 % ad valorem. Please note that the specific rate (14 ¢ / gross) applies to each component in the set, and not just to the pencils.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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 Tom McKenna at 646-733-3025.


Robert B. Swierupski

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