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NY R00817




September 16, 2004
CLA-2-96:RR:NC:2:224 R00817

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Wanda Habrial
Binney & Smith, Inc.
1100 Church Lane
Easton PA 18043

RE: The tariff classification of twistable pencils from China.

Dear Ms. Habrial:

In your electronic ruling request dated September 13, 2004, you requested a tariff classification ruling.

The merchandise consists of twistable colored pencils. The pencils are composed of a clear plastic barrel with a colored lead inserted that is refreshed by twisting the end of the barrel.

The applicable subheading for the twistable colored pencils will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencilscrayons, 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.

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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