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NY N013057




July 16, 2007

CLA-2-96:RR:NC:N2:222

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000

Mr. Ivan Cohen
Ivan Cohen & Company
900 Minisink Way
Westfield, NJ 07090

RE: The tariff classification of pencils made from recycled newspaper from China

Dear Mr. Cohen:

In your letter dated June 8, 2007 you requested a tariff classification ruling.

The submitted samples are identified as pencils made from recycled newspaper, with graphite pencil leads. The graphite is surrounded by recycled newspaper that is packed very tightly so that the pencil is rigid. There is a thin plastic sheeting material that surrounds the recycled newspaper, which forms the outermost surface of the pencil and is designed with depictions of cartoon characters. One of the two submitted samples has a removable eraser at one tip. You have stated by telephone that some of your pencils will be imported with erasers and some will not. The essential character of the sample with the eraser is provided by the pencil.

The applicable subheading for the pencils made from recycled newspaper will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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 cents per gross plus 4.3 percent ad valorem.

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/.

You have asked for a waiver for the anti-dumping duty. 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 and Border Protection. You may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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 Gary Kalus at 646-733-3055.

Sincerely,

Robert B. Swierupski
Director,

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