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NY J81317





February 27, 2003

CLA-2-96:RR:NC:2:224 J81317

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Ms. Bisfred Yuen
Creative Kids International Inc.
Room 408-409 Houston Centre
63 Mody Road
Tsimshatsui, Kowloon, Hong Kong

RE: The tariff classification of 12 colored pencils from China.

Dear Ms. Yuen:

In your letter dated February 15, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is designated as article number 30001. The item is an assortment of 12 colored pencils. The colored pencils have rigid plastic outer surfaces (sheaths). You have not requested the return of your sample.

The applicable subheading for the assortment of 12 colored pencils, article # 30001, 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 ยข / gross + 4.3 % ad valorem.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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