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NY K87984




August 5, 2004
CLA-2-96:RR:NC:2:224 K87984

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Craig VerPault
Barthco International, Inc
Maritime Center 1
2200 Broening Highway
Suite 200
Baltimore, MD 21224

RE: The tariff classification of Twist -Up Crayons 10ct from China

Dear Mr. VerPault:

In your letter dated July 24, 2004, you requested a tariff classification ruling, on behalf of CVS/Pharmacy, your client.

The merchandise in question is referred to as “Twist Up Crayons 10ct”, CVS item # 270392. The product is a 10 pack of crayons that are encased in plastic. As the crayon is used, the casing may be twisted to push a new section of crayon forward. The concept is similar to the workings of a mechanical pencil. The correct classification will be in Chapter 96 of the HTS as pencils and crayons encased in a rigid sheath. The sample will be returned, as requested.

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.

The applicable subheading for the “Twist Up Crayons 10ct”, item 270392, 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.

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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