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April 22, 1999

CLA-2-96:RR:NC:N1:113 E80684

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Frank Corbeil
Uni-Apex
60 West Wilmot Street, Unit 12
Richmond Hill, Ontario, Canada L4B1M6

RE: The tariff classification of the Save Forest Pencils from China

Dear Mr. Corbeil:

In your letter dated April 5, 1999, you requested a tariff classification ruling.

The merchandise is pencils with leads encased in a sheath made of recycled newsprint.

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.

You inquire if these pencils from China may be subject to antidumping duties. Decisions on the scope of dumping orders is within the authority only of the International Trade Administration. Importations from China of certain cased pencils of any shape or dimension that feature cores of graphite or other materials encased in wood and/or man-made materials, whether or not decorated and whether or not tipped (e.g., with erasers, etc. ) in any fashion, and either sharpened or unsharpened, may be subject to dumping duties. Before importing the goods, we suggest you contact:

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 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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