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NY D80148


July 29, 1998

CLA-2-96:RR:NC:N1:113 D80148

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.90.8000

Ms. Kimberly Fathauer

A. W. Fenton Company, Inc.

1157 Rarig Avenue

Columbus, OH 43219-2357

RE: The tariff classification of chalk from China

Dear Ms. Fathauer:

In your letter dated July 6, 1998, on behalf of Consolidated Stores Corp., you requested a tariff classification ruling.

The merchandise is item number D-4236, Glow-in-the-Dark Skull Chalk. The item is a piece of chalk shaped into the forehead and face of a human skull. Despite its shape, the item remains functional as a writing instrument, and is not purchased as a decoration for the home nor for entertainment in the home.

The applicable subheading for the chalk will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils, crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks, and tailors' chalks, other, other. The rate of duty
will be 1.1 cents per gross [of total pieces]
plus 0.7 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,


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