CLA-2-96:OT:RR:NC:N4:422

Ms. Jennifer Broome
Richard Murphy & Co., Inc.
109 North Conception St.
Mobile, AL 36602

RE: The tariff classification of crystal tipped pencils from China

Dear Ms. Broome:

In your letter dated June 29, 20010, on behalf of American Wholesale Book Company, you requested a tariff classification ruling.

The four submitted samples are identified as crystal tipped pencils. Each of the four pencils is comprised of a black writing core that is encased in a black wooden sheath. Attached to the end of each pencil that is opposite the writing end is a black metal ferrule that holds in place what appears to be a glass imitation gemstone at the tip of the pencil. The imitation gemstones are of the colors green, blue, red and pink, respectively.

The applicable subheading for the crystal tipped pencils 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 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/.

The pencils may be subject to antidumping duties. 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 can contact them at http://www.trade.gov/ia/ (click on “Contact Us”) You may also write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 1401 Constitution Avenue NW, 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" on the lower right hand side under "Investigations"), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov.

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
National Commodity Specialist Division