The tariff classification of a stackable crayon from China

NY R03476 March 24, 2006 CLA-2-96:RR:NC:2:224 R03476 CATEGORY: Classification TARIFF NO.: 9609.10.0000 Mr. Troy Crago Atico International (USA), Inc. 501 South Andrews Ave. Fort Lauderdale, FL 33301 RE: The tariff classification of a stackable crayon from China Dear Mr. Crago: In your letter dated March 15, 2006, you requested a tariff classification ruling. You submitted descriptive literature and a product photograph with your request. The subject merchandise is described as a stackable crayon; the designated item number is C068KA00744. Each stackable crayon has five colors (blue, green, red, orange, and yellow) of crayons encased in a plastic sheath. A photograph has been submitted, in lieu of a sample. The applicable subheading for the stackable crayon, item number C068KA00744, will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pencils (other than those 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. 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/. 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