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NY L83539




April 7, 2005

CLA-2-96:RR:NC:2:224 L83539

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a 5 Pack of Multi Point Pencils from China

Dear Ms. Aldinger:

In your letter dated March 21, 2005, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The subject merchandise is a 5 Pack of Multi Point Pencils, item # 940416. The item is a pack of five pencils; each of the pencils has a plastic exterior that holds 10 graphite pencil points. The pencil’s plastic casing is sold in 5 colors: orange, purple, pink, green, and blue (the 5 pack). Once one point is worn down, the user may replace it with a new pencil point cartridge that is under the used up point. The correct classification will be in Chapter 96 of the HTS as a pencil with lead encased in a rigid sheath. The sample will be returned, as requested by your office.

The applicable subheading for the 5 Pack of Multi Point Pencils, item 940416, 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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