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NY M82208




April 17, 2006

CLA-2-96:RR:NC:2:224 M82208

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Stephen P. Wagner
I.S.E.A. Inc.
6400 46th Avenue, N.
St. Petersburg, FL 33709-3139

RE: The tariff classification of novelty pencils from Thailand

Dear Mr. Wagner:

In your letter dated April 6, 2006, you requested a tariff classification ruling.

You are requesting the tariff classification on two types of novelty pencils: one is approximately eight inches in length including a plastic frog topper, the other is four inches in length with a plastic frog hugging the pencil and a metal ring attached. The pencils are constructed from glue, saw dust, and injected molding. There are no item numbers designated for the novelty pencils. The pencils are fully functional writing implements.

The applicable subheading for the novelty pencils, no item numbers shown, will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14ยข/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.

Sincerely,

Robert B. Swierupski
Director,

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