The tariff classification of Pencil By Number from China
Issued February 16, 2005 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9609.10.0000
Headings: 9609
GRI rules applied: GRI 1, GRI 3
Product description
You submitted descriptive literature and a product sample with your request. The merchandise that is described as a Pencil By Numbers Art Kit (style # 9755) is comprised of the following: 12 color pencils, 1 pencil sharpener, and 1 scene with numbered overlay. The sample will be returned, as requested. The art kit is made up of three components as enumerated in the preceding paragraph. No one heading in the tariff schedule covers these components in combination; GRI 1 cannot be used as a basis for classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3 (b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The submitted merchandise will be sold and marketed as sets, and the Pencil By Number Kit will also be considered a set (a GRI 3 (b) set) for tariff purposes. The component that imparts the essential character to the product is the color pencil portion of the kit.
CBP rationale
The applicable subheading for the art set, style 9755, Pencil By Number, 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.
Full text
NY L82427 February 16, 2005 CLA-2-96:RR:NC:2:224 L82427 CATEGORY: Classification TARIFF NO.: 9609.10.0000 Mr. Kevin Maher C-Air Customhouse Brokers International Freight Forwarders 181 South Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of Pencil By Number from China Dear Mr. Maher: In your letter dated February 1, 2005, you requested a tariff classification ruling, on behalf of Roseart Industries, your client. You submitted descriptive literature and a product sample with your request. The merchandise that is described as a Pencil By Numbers Art Kit (style # 9755) is comprised of the following: 12 color pencils, 1 pencil sharpener, and 1 scene with numbered overlay. The sample will be returned, as requested. The art kit is made up of three components as enumerated in the preceding paragraph. No one heading in the tariff schedule covers these components in combination; GRI 1 cannot be used as a basis for classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3 (b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The submitted merchandise will be sold and marketed as sets, and the Pencil By Number Kit will also be considered a set (a GRI 3 (b) set) for tariff purposes. The component that imparts the essential character to the product is the color pencil portion of the kit. The applicable subheading for the art set, style 9755, Pencil By Number, 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%. 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
More rulings on the same tariff codes
The tariff classification of school supply kits from China
The tariff classification of crayons encased insde plastic grip wheels from China
Affirmation of NY N312428; tariff classification of a coin purse and school supplies from China
The tariff classification of Valentine’s Day cards with pencils from China
The tariff classification of Valentine cards with toys and novelties from China
The tariff classification of four Art Sets from China
The tariff classification of plastic portable water pet bowls and pencils from China with logos added in Mexico
The tariff classification of a biofiber pencil from China
The tariff classification of pencil box school kits from China
The tariff classification of pencils with musical note toppers from China
Searching CBP rulings the smart way
TariffLens semantically searches all 200,000+ CBP rulings, surfaces the ones that actually match your product, and builds defensible classifications backed by ruling citations.
Book a demo →