The tariff classification of pencils with rigid plastic sheaths from China

N243063 July 9, 2013 CLA-2-96:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 9609.10.0000 Ms. Kathy Dai Beifa Group Co., Ltd. 15 Floor, F Blog, Hefeng Creation Plaza No. 375, Jiangdongbei Road Ningbo City, Zhejiang Province 315042 China RE: The tariff classification of pencils with rigid plastic sheaths from China Dear Ms. Dai: In your letter dated May 23, 2013, which was received in this office on June 12, 2013, you requested a tariff classification ruling. The three submitted samples are identified as plastic pencils, item# PMC785, item# PMC787 and item# PMC790. Item# PMC785 is comprised of 12 colored pencils packaged in a retail box. Item# PMC787 is comprised of 12 colored pencils packaged in a clear plastic wrapper. Item# PMC790 is comprised of 12 black pencils packaged in a clear plastic wrapper. Each of the pencils in the three items is comprised of a writing core encased in a rigid plastic sheath and each pencil measures approximately 6¾” in length. The applicable subheading for item# PMC785, item# PMC787 and item# PMC790 will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14 cents per gross plus 4.3 percent 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 pencils may be subject to antidumping duties. 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 and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on "Contact Us"). You may also write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 1401 Constitution Avenue NW, Washington, DC 20230. For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on "Antidumping and Countervailing Duty" on the lower right hand side under "Investigations"), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov. 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 Gary Kalus at (646) 733-3055. Sincerely, Thomas J. Russo Director National Commodity Specialist Division