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NY L82163




January 31, 2005

CLA-2-96:RR:NC:2:224 L82163

CATEGORY: CLASSIFICATION

TARIFF NO.: 9608.40.8000

Mr. Joel K. Simon
Serko & Simon LLP
1700 Broadway, 31st Floor
New York, NY 10019

RE: The tariff classification of Mechanical Pencils from China

Dear Mr. Simon:

In your letter dated January 25, 2005, on behalf of Fashion Accessory Bazaar LLC, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs, and a product sample with your request. The subject merchandise is style SI-5730931 that will be imported for retail sale. This consists of a blister pack containing 4 “Strawberry Shortcake” mechanical pencils with No. 2 lead. The pencils are commonly known as clutch pencils because the lead contained in the pencils is “clutched” by metal prongs or claws as opposed to “twist” pencils that contain a ball-screw mechanism that extends and retracts the lead when the pencil is twisted. The clutch pencils are propelling pencils with a button action. The pencil has a plastic tube that holds No. 2 lead. At the end of the tube there is a spring and also a metal stem with a circular end. The end consists of a metal collar and prongs. When the button on the opposite end of the pencil is depressed, the prongs open and the lead is pushed out of the pencil. To retract the lead, the button is again depressed, and the user may manually push the lead back into the pencil with a finger or any object.

The applicable subheading for style SI-5730931 will be 9608.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating styli; propelling or sliding pencils (for example mechanical pencils): propelling or sliding pencils (for example mechanical pencils): other. The rate of duty will be free.

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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