CLA-2-96:OT:RR:NC:N4:422
Mr. Christopher Garcia
Kuehne + Nagel, Inc.
8200 Boggy Creek Rd/#600
Orlando, FL 32824
RE: The tariff classification of propelling pencils from Mexico
Dear Mr. Garcia:
In your letter dated October 9, 2009, on behalf of Pentel of America Ltd, you requested a tariff classification ruling.
The submitted samples are each identified as a mechanical pencil, available in multiple colors, Item# AL25. Two samples were submitted, a purple pencil and a blue pencil. Each pencil has three sections. The top section has an eraser attached to the top and a metal clip attached to one side. The center section, or barrel of the pencil, contains a plastic tube which is designed to hold a 0.5mm pencil lead. The bottom section of the pencil holds a metal tip, which has a small aperture through which the writing end of the pencil lead will project to allow the pencil to perform its writing function. The pencil lead is loaded into the pencil by removing the top section of the pencil, thereby gaining access to the plastic tube within the barrel of the pencil. The barrel is made of transparent plastic so that the lead is visible within the plastic tube.
The bottom end of the tube is split and is held together by a small metal collar. Inside the bottom section of the pencil is a ridge on the inner wall and a spring. There is also a spring around the plastic tube within the barrel. To advance the lead within the pencil, the user pushes down on the top of the pencil, which acts like a plunger by forcing the plastic tube within the barrel downward so that the end of the tube with the metal collar in place, projects through the bottom section of the pencil. When the metal collar reaches the ridge, it is held in place while the tube passes the ridge, allowing the end of the tube to project through the metal collar. When this happens, the split end of the tube spreads apart like two prongs, thereby releasing the grip on the pencil lead and allowing it to advance through the metal tip at the end of the pencil by means of gravity.
When the user removes pressure from the top of the pencil, the tube retracts into the other end of the pencil by means of the springs, thereby bringing the prongs back together so that they hold the pencil lead in place once again. To retract the pencil lead, the user separates the prongs by pushing down on the top of the pencil, while pressing the exposed section of the pencil lead at the other end of the pencil against a flat surface such as a desk top, thereby manually forcing the pencil lead back into the pencil.
This type of propelling pencil is commonly known as a clutch pencil because the lead is clutched by the prongs. It is not a "twist" pencil, which usually contains a ball-screw mechanism that extends and retracts the lead when a portion of the pencil is twisted. Customs has long distinguished between pencils which have internal twist mechanisms for propelling the pencil lead and clutch pencils in which the pencil lead is held in place by prongs. Customs has consistently held that spring operated prongs which grasp the pencil lead are not considered to be mechanical devices for classification purposes, as the lead is advanced by a manual process. See Headquarters (HQ) Ruling 961069 dated April 16, 1998.
The applicable subheading for Item# AL25 will be 9608.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for propelling or sliding pencils (for example, mechanical pencils): other. The rate of duty will be free.
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 Gary Kalus at (646) 733-3055.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division