The tariff classification of a Bratz Living Large Pencil from China

NY L83231 March 8, 2005 CLA-2-96:RR:NC:2:224 L83231 CATEGORY: Classification TARIFF NO.: 9609.10.0000 Mr. Kevin Maher C-Air Customhouse Brokers 181 South Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of a Bratz Living Large Pencil from China Dear Mr. Maher: In your letter dated February 24, 2005, on behalf of Roseart Industries, you requested a tariff classification ruling. You submitted descriptive literature and a product sample with your request. The subject merchandise is an oversized pencil that will be sold and labeled as a Bratz Living Large Pencil. The designated style number for the item is # 6162. The pencil is an extremely large number 2 lead wood pencil and the correct classification will be in Chapter 96 of the HTS as a pencil with lead encased in a rigid sheath. The sample will be returned, as requested by your office. The applicable subheading for the Bratz Living Large Pencil, style 6162, will be 9609.10.0000, 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 tailors’ chalks: pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14¢/gross + 4.3% ad valorem. You have asked whether this product (pencils encased in a rigid sheath) is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, NW Washington, DC 20230. 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. 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 Tom McKenna at (646) 733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division