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NY L80964




December 10, 2004

CLA-2-96:RR:NC:2:224 L80964

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 an On the Go Art Caddy from China

Dear Mr. Maher:

In your letter dated October 27, 2004, on behalf of Roseart Industries, Inc., you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The subject merchandise called an On the Go Art Caddy is comprised of the following components: 10 super tip markers, 8 broad line markers, 18 crayons, and 31 color pencils. The foregoing parts are packaged in a plastic caddy that is shaped and fitted for its contents. The kit, item 6351, is considered a set that is put up for retail sale. The sample will be returned, as requested by your office.

Noting GRI-3 (b), the component that gives the set the essential character would dictate the classification of the set. The colored pencils of item 6351, On the Go Art Caddy, would exemplify the essential character. Therefore, the applicable subheading for the art set, item 6351, 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¢/gross + 4.3% ad valorem.

You have asked whether this product (pencils encased in a rigid sheath) 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 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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