The tariff classification of woodless colored pencils from China

N284915 April 20, 2017 CLA-2-96:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 9609.90.8000 Ms. Carisa Schoemaker Crayola LLC 1100 Church Lane Easton, PA 18040 RE: The tariff classification of woodless colored pencils from China Dear Ms. Schoemaker: In your letter dated March 29, 2017, you requested a tariff classification ruling. The two submitted samples are identified as woodless pencils. Each pencil consists of a color core over which the shaft is covered with a thin layer of paint. The word “woodless” and the trademark “Leadur” is printed on the hardened paint covering of each pencil. The pencils are sold packaged 12 to a retail box. The pencils do not have erasers, nor do any of the pencils have wood or plastic sheaths. The writing core is not advanced by any mechanical means but is rendered usable by paring away the thin hardened paint covering by sharpening to expose more color writing core and forming a point at the writing tip. The two samples submitted are of yellow and red color respectively. The applicable subheading for the woodless pencils will be 9609.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pencils (other than those pencils of heading 9608), crayons…pastels…: other: other. The rate of duty will be free. 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 https://hts.usitc.gov/current. You have stated the following in your request: “If CBP determines that the HTS should be 9609.10.0000 then there is the possibility of antidumping from China and if that is the case I would like to inform my procurement department to source elsewhere if we go forward with production.” However, with regard to the applicability of antidumping duties, the Department of Commerce has stated the following in the order for the case: “Although the HTSUS subheading is provided for convenience and Customs purposes, our written description is dispositive.” Therefore, a determination as to whether or not antidumping duties is applicable cannot be made based on a classification determination made by Customs as determinations as to the applicability of antidumping duties are based on the description of the merchandise covered by the order and not the HTS classification. Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). 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” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division