CLA-2-96:RR:NC:SP:221 G86747

Ms. Cindy Larsen
Union-Transport, USA
15734 Lee Road, Suite 1
Houston, TX 77032

RE: The tariff classification of clutch pencils from Taiwan.

Dear Ms. Larsen:

In your letter dated January 19, 2001, on behalf of Pacific Arc, Inc, you requested a tariff classification ruling.

A sample was provided with your letter. The lead in the clutch pencil is extended by depressing a plunger at the top of the pencil, activating a spring that pushes the lead out of the bottom of the barrel, where it is held in place by jaws. The lead is retracted by depressing the plunger and pressing the lead against a firm surface, pushing it back into the barrel.

The applicable subheading for the clutch pencil will be 9608.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for propelling or sliding pencils (for example, mechanical pencils); other. The rate of duty will be free

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division