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NY J85701

June 19, 2003

CLA-2-96:RR:NC:2:224 J85701


TARIFF NO.: 9609.10.0000

Ms. Elsa Wong
G T Plus Limited
4/F Kowloon Centre
29-43 Ashley Road
Tsimshatsui, Hong Kong

RE: The tariff classification of 15 Halloween lead pencils with erasers from China

Dear Ms. Wong:

In your letter dated June 12, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on 15 Halloween lead pencils with erasers. The lead pencils are packaged in an assortment of 4 different Halloween motifs. The proper classification will be in Chapter 96 of the HTS as pencils encased in a rigid sheath. You have not requested the return of your sample.

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.

The applicable subheading for the 15 Halloween lead pencils with erasers 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 %.

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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