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NY K87568




July 20, 2004
CLA-2-96:RR:NC:SP:224 K87568

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a Pencil Set from China

Dear Mr. Maher:

In your letter received July 1, 2004, on behalf of RoseArt Industries of Livingston, New Jersey, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The sample is being returned after examination as you have asked. The subject merchandise is style #2562, called an all-in-one value pack that will be imported for retail sale. This consists of a blister pack containing six #2 pencils, four pencil topper erasers in varying colors, two plastic grippers, and a small plastic pencil sharpener.

For classification purposes this item is considered a set put up for retail sale. Noting GRI-3 (b), the component that gives the set the essential character would dictate the classification of the set. The pencils would exemplify the essential character. Therefore, the applicable subheading for the style #2562, an all-in-one value pack will be 9609.10.0000, Harmonized Tariff Schedule of the United States (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.

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, NW 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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