The tariff classification of a Jumbo Pencil from China

NY L87388 August 26, 2005 CLA-2-96:RR:NC:2:224 L87388 CATEGORY: Classification TARIFF NO.: 9609.10.0000 Ms. Joann Mosqueda JA-RU, Inc. 4030 Phillips Highway Jacksonville, FL 32207 RE: The tariff classification of a Jumbo Pencil from China Dear Ms. Mosqueda: In your letter dated August 15, 2005, you requested a tariff classification ruling. You submitted literature and a product sample with your request. The subject merchandise is an oversized pencil that measures sixteen inches in length. The designated style number for the item is #1366. The pencil is an extremely large number 2 lead wood pencil with an attached eraser, therefore the correct classification will be in Chapter 96 of the HTS as a pencil with lead encased in a rigid sheath. The applicable subheading for the Jumbo Pencil, style 1366, 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