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NY C81095




November 7, 1997

CLA-2-96:RR:NC:MM:113 C81095

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Chinnalit Supragob
Skanco Company Limited
157/28 Soi Areesamphan 2
Rama 6 Road
Samsennai, Phayatai
Bangkok 10400, THAILAND

RE: The tariff classification of pencils from Thailand

Dear Mr. Supragob:

In your letter dated October 11, 1997, you requested a tariff classification ruling.

The merchandise consists of pencils handmade from the branches of tamarind trees. The pencils measure approximately 7.5 inches long and .5 inch in diameter. The exterior of the pencil body is composed of bark.

The applicable subheading for the pencils 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.

Articles classifiable under subheading 9609.10.0000, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Pencils from Thailand are 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

We are unable to rule on the classification of the oversized souvenir pencils because this issue is currently being addressed by Customs Headquarters. We are referring your request to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennsylvania Ave, N.W., Washington, D.C. 20229.

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,

Robert B. Swierupski
Director

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