The tariff classification of a marking instrument from China.

NY H81002 May 29, 2001 CLA-2-96:RR:NC:SP:221 H81002 CATEGORY: Classification TARIFF NO.: 9609.90.8000 Mr. Michael Oliu M & P Export Management Corporation 2329 State Hwy. 34 Manasquan, NJ 08736 RE: The tariff classification of a marking instrument from China. Dear Mr. Oliu: In your letter dated May 4, 2001, you requested a tariff classification ruling. A sample was provided with your letter. The marking instrument is designed to fit on one end of a tape measure so that a person can mark a distance from the other end. The marking instrument consists of a flat, semicircular marking lead secured, on the straight edge side, in a plastic holder. The applicable subheading for the marking instrument will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailor’s chalks…other, 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