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NY K81153

November 25, 2003
CLA-2-96:RR:NC:2:224 K81153


TARIFF NO.: 9608.40.8000

Mr. Alice Liu
Atico International USA, Inc
501 So. Andrews Ave.
Fort Lauderdale, FL 33301

RE: The tariff classification of 2 clutch lead pencils from China

Dear Mr. Liu:

In your letter dated November 5, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is known as a clutch pencil. There are 2 styles: C068IA00376 and C068IA00181. The first style, C068IA00376 has a clear barrel, a rubber grip and a push-up eraser. The second style, C068IA00181 has a solid barrel and a white eraser. Both are considered clutch lead pencils because when the button on each is depressed, the prongs open and the lead is manually pushed out of the end of the pencil. To retract the lead, the button is depressed again, and the lead is manually pushed back into the pencil with a finger or any other object. Both pencils have the same action, although C068IA00376 has a side button while the other style (C068IA00181) has a top button). You have not requested the return of your sample.

The applicable subheading for the clutch pencils, item #’s C068IA00376 and C068IA00181, will be 9608.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for propelling or sliding pencils (for example, mechanical pencils): other. The rate of duty will be free.

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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