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July 28, 1999

CLA-2-96:RR:NC:N1:113 E84942

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Ms. Rita A. Mihalek
461 From Road
Paramus, NJ 07652

RE: The tariff classification of pencils with toppers from Taiwan

Dear Ms. Mihalek:

In your letter dated July 7, 1999, you requested a tariff classification ruling.

The sample you provided is item 66100, a blister package of two Pokemon Pencil Toppers. The lead pencils are made in Taiwan and shipped to China, where they are attached to toppers made in the form of Pokemon characters. The country of origin of the items will remain Taiwan.

The applicable subheading for the pencils will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks or tailorsÂ’ chalks, 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 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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