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NY J80442




January 31, 2003

CLA-2-96:RR:NC:2:224 J80442

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.40.4000

Mr. Edward C. Han
KWE (U.S.A.), Inc.
230-39 International Airport Center Blvd. Building # 2, Suite 100
Jamaica, NY 11413

RE: The tariff classification of three mechanical pencils from Japan.

Dear Mr. Han:

In your letter dated January 23, 2003, you requested a tariff classification ruling, on behalf of Zebra Pen Corp., your client.

You are requesting the tariff classification on three styles of mechanical pencils; no style numbers are shown. All three styles have a sliding/propelling mechanism for extending the lead. The lead in the pencils, however, may not be retracted after it has been extended. The samples will be returned, as requested by your office.

The applicable subheading for the three mechanical pencils (no style numbers shown) will be 9608.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for propelling or sliding pencils, with a mechanical action for extending, or for extending and retracting, the lead. The rate of duty will be 6.6 % 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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