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NY K83562




March 25, 2004
CLA-2-91:RR:NC:MM:114 K83562

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.21.80; 9609.10.0000

Mr. Charles S. Parisi
Parisi Services, Inc.
P.O. Box 91217
Los Angeles, CA 90009

RE: The tariff classification of quartz analog wall clock and 6 colored pencils from China

Dear Mr. Parisi:

In your letter dated February 23, 2004, on behalf of Laiko International, you requested a tariff classification ruling on a quartz analog wall clock and 6 colored pencils from China. Samples of the quartz analog wall clock and colored pencils were submitted with the ruling request.

The submitted item number 92901 is identified as the Clockworks Design Studio. The submitted sample consists of a quartz analog wall clock and 6 color pencils. The submitted clock is an analog wall clock with a quartz battery powered movement. The clock is housed in a round yellow plastic case and has a round dial with black hour and minute hands, and a red second hand. The clock measures approximately 8 inches in height, 8 inches in length and 1½ inches in width. The clock measures approximately 6 inches in diameter. The clock features 8 interchangeable clock faces consisting of one 2 sided printed Faceplate, one 2 sided Color-Me Faceplate, one 2 sided Design-It Faceplate and one Birthday Card Faceplate. The wall clock requires one AA size 1.5 V battery to operate. The battery is not included.

The submitted colored pencils consist of 6 wood-encased lead pencils in 6 assorted colors. Each pencil measures approximately 3½ inches in length and ½ inch in width.

You have stated in your letter that the Clockworks Design Studio is designed for and marketed to children ages 5 and higher. The quartz analog wall clock and colored pencils are packed in a cardboard display box ready for retail sale.

The applicable subheading for the wall clock will be 9105.21.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; wall clocks; electrically operated; other. The rate of duty will be 30 cents each plus 6.9 percent ad valorem on the case plus 5.3 percent ad valorem on the battery.

The applicable subheading for the colored pencils will be 9609.10.0000, HTS, which provides for pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors’ 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.

The pencils may be subject to antidumping duties or countervailing duties. A list of Antidumping/Countervailing Duties 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, NW, Washington, DC 20230. Written decisions regarding the scope of antidumping/countervailing duties orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification 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 classification of the quartz analog wall clock in heading 9105.21, contact National Import Specialist Barbara Kiefer at 646-733-3019. If you have any questions regarding the classification of the colored pencils in heading 9609.10, contact National Import Specialist Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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