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NY D82043




September 10, 1998

CLA-2-96:RR:NC:N1:113 D82043

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Joel K. Simon
Serko & Simon, LLP
One World Trade Center, Suite 3371
New York, NY 10048

RE: The tariff classification of pencils from Taiwan

Dear Mr. Simon:

In your letter dated September 2, 1998, on behalf of Russ Berrie and Company, Inc., you requested a tariff classification ruling.

The merchandise is a variety of pencils. The pencils are made in Taiwan and have an eraser made in China. The erasers are in the form of novelty toppers. Item 16502 are Holly Jolly Pencils. The samples you provided have an eraser in the shape of either Santa Claus, a snowman or a teddy bear. The pencils are painted either red with holly leaves or green with five-pointed stars.

Item 16770 are Fright Writes Pencils. The samples you provided have an eraser in the shape of either a black cat, a witch or a pumpkin. The pencils are painted with the word "boo," and are either black with cartoon ghosts or purple with jack-o'-lanterns. In your letter, you state that the items are intended to be displayed during particular holidays. The pencils are utilitarian items with a secondary novelty appeal. Furthermore, this office has reviewed your catalog, and it is clear that the items are sold as stocking stuffer gifts, not as ornaments.

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.

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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