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NY A84784




July 2, 1996

CLA-2-96:RR:NC:GI:113 A84784

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000; 9503.90.0030

Ms. Joyce Thompson
Worldwide Express, Inc.
2000 North Loop, Suite 203
Lester, PA 19113

RE: The tariff classification of novelty pencils from China

Dear Ms. Thompson:

In your letter dated June 13, 1996, on behalf of Basic Fun, Inc., you requested a tariff classification ruling.

The merchandise consists of two styles of pencils topped with small, removable and functional toys. One pencil features an Etch A Sketch, a toy used by children to draw lines on a screen. The other pencil has a fortunetelling eight ball that displays different messages when it is moved.

The applicable subheading for the pencils and toy toppers imported in assembled condition or for the pencils imported alone 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 cents per gross plus 4.3 percent ad valorem.

The applicable subheading for the toy toppers imported alone will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be free.

Cased pencils from China may be subject to anti-dumping duties. Before you import, we recommend that you contact the International Trade Commission at:

Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Avenue, N.W. Washington, DC 20230

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 James Smyth at 212-466-2084.

Sincerely,

Roger J. Silvestri
Director

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