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NY M81777

April 6, 2006

CLA-2-96:RR:NC:2:224 M81777


TARIFF NO.: 9609.10.0000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Ave.
Ft. Lauderdale, FL 33301

RE: The tariff classification of color pencils from South Korea

Dear Mr. Crago:

In your letter dated March 8, 2006, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. The subject merchandise is described as follows: peel-off china markers, item #s K093JA03809, K093JA03810, K093JA03811, and K093JA03812. The product is essentially a color pencil that you replenish by pulling on the attached thread. It is designed for writing on metal, glass, china, or any other polished surface. The proper classification will be in Chapter 95 of the HTSUS as crayons encased in a rigid sheath. The samples will be returned, as requested by your office.

The applicable subheading for the color pencils (peel-off china markers), item #s K093JA03809, K093JA03810, K093JA03811, and K093JA03812, will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pencils (other than those of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors’ chalks: pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14¢/gross + 4.3% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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