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NY F82411

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February 11, 2000

CLA-2-96:RR:NC:SP:221 F82411

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.000; 9608.20.000; 9609.90.8000; 9017.80.0000; 8214.10.0000;

Ms. Jennifer W. Loomis
Creative Manufacturing, Inc.
1016 W. Harris Rd.
Arlington, Texas 76001

RE: The tariff classification of crayons, pencils, markers, rulers and pencil sharpeners from Malaysia.

Dear Ms. Loomis:

In your letter dated January 24, 2000, you requested a tariff classification ruling.

A sample was provided with your letter. The merchandise consists of a plastic packaging tray with an eraser, ruler, pencil, sharpener, six crayons, five colored pencils and eight markers. These items are for a sub-assembly, and after importation they will be packaged with a lap desk made in the United States. As you requested, your sample is being returned.

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.

The applicable subheading for the markers will be 9608.20.0000, HTS, which provides for felt tipped and other porous-tipped pens and markers. The rate of duty will be 4 percent ad valorem.

The applicable subheading for the crayons will be 9609.90.8000, HTS, which provides for pencils...crayons, pencil leads, pastels, drawing charcoals, writing and drawing chalks and tailors' chalks, other. The duty rate will be free.

The applicable subheading for the ruler will be 9017.80.0000, HTS, which provides for instruments for measuring length, for use in the hand, other instruments. The rate of duty will be 5.3 percent ad valorem. The applicable subheading for the sharpener will be 8214.10.0000, HTS, which provides for paper knives...pencil sharpeners (nonmechanical) and blades and other parts thereof. The rate of duty will be 0.3 cents each plus 4.2 percent ad valorem.

We are unable to issue a ruling for the eraser. Please indicate whether the eraser is composed of rubber or plastic, and specify the type of rubber or plastic.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 8214.10.00 - Base metal paper knives, letter openers, erasing knives, nonmechanical pencil sharpeners and blades and base metal parts thereof
• Tariff No.: 9017.80.00 - Instruments for measuring length, for use in the hand, nesi (for example, measuring rods and tapes)
• Tariff No.: 9608.20.00 - Pens and markers, w/felt tip or other porous-tip
• Tariff No.: 9609.10.00 - Pencils & crayons, with leads encased in a rigid sheath
• Tariff No.: 9609.90.80 - Pencils & crayons (o/than in rigid sheath), pastels, drawing charcoals and writing or drawing chalks, nesoi