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NY J82126

March 11, 2003

CLA-2-96:RR:NC:2:224 J82126


TARIFF NO.: 9609.10.0000

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

RE: The tariff classification of twist crayons from China.

Dear Ms. Hoffacker:

In your letter dated February 28, 2003, you requested a tariff classification, on behalf of Big Lots Stores, Inc, your client.

You are requesting the tariff classification on a product that is designated as item # W68L0255. 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 sample will be returned, as requested by your office.

The applicable subheading for the twist crayons, item # W68L0255, 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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