The tariff classification of a chalk marker from China

NY M83604 May 18, 2006 CLA-2-63:RR:NC:N3:351 M83604 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Jeanne Berg All Freight International, Inc. P.O. Box 68663 Seattle, WA 98168 RE: The tariff classification of a chalk marker from China Dear Ms. Berg: In your letter dated May 5, 2006, you requested a tariff classification ruling on behalf of your client, The Last Stitch, of Olympia, Washington. The submitted sample, identified as a “Quick Swipe,” is a chalk marker. It consists of a plastic holder that measures approximately 4½”L x 3”W x 1 ¾”H and is faced with a terry cloth pad. It contains a reservoir for chalk. When the pad is pressed on a stencil, it leaves a chalk residue to mark a pattern on the fabric. The pad is covered with a hard plastic case to prevent leaking. The item will be imported empty of the chalk. As the sample that we received did not contain any chalk, we will not rule on it in this ruling. If you wish a ruling on the chalk, please submit a sample of it. The applicable subheading for the “Quick Swipe” chalk marker will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% 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/. The sample will be returned as requested. 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 Mitchel Bayer at 646-733-3102. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division