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NY J82782




April 1, 2003

CLA-2-96:RR:NC:2:224 J82782

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Eric Sherman
Office Max, Inc.
International Logistics Department
3605 Warrensville Center Road
Shaker Heights, Ohio 44122

RE: The tariff classification of a Value Pack, style 31033, from China.

Dear Mr. Sherman:

In your letter dated March 25, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a Value Pack, style # 31033. The Value Pack consists of the following components: 13 No. 2 wooden pencils, 1 rubber eraser, 5 rubber eraser caps, 5 expandable foam pencil grips, 1 plastic pencil sharpener and 1 plastic day planner ruler. You have not requested the return of your sample.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3 (b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without re-packing. Goods classifiable under GRI 3 (b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article.

The Pencil Value Pack, style # 31033, is considered a set for tariff classification purposes, with the essential character imparted by the pencil component of the set. Therefore, in accordance with GRI 3 (b) the set will be classified in Chapter 96 as pencils encased in a rigid sheath, and will not be separately classified, using the classifications suggested by you in your letter.

The applicable subheading for the Value Pack, style 31033, 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 ¢/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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