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NY M85271




July 25, 2006

CLA-2-96:RR:NC:2:224 M85271

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Steve Coffey
A.H. Carter & Associates
Customhouse Broker
25802 74th Ave.South
Kent, Washington 98032

RE: The tariff classification of two Jumbo Pencils from China

Dear Mr. Coffey:

In your letter dated June 29, 2006, you requested a tariff classification ruling, on behalf of Topline Products Inc., your client.

You are requesting the tariff classification on Jumbo Pencils. Two samples were submitted: one is about 15 inches in length while the other one is approximately 16 inches in length. There are no designated item numbers for the samples. Each is constructed in the same manner as a standard size pencil: lead encased in a rigid sheath. The samples will be returned, as requested by your office.

The applicable subheading for the Jumbo Pencils, no item numbers are indicated, will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14ยข/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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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