HQ 082776: Storalene 537 brand paper product

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 082776

                                   March 13, 1990


          CLA-2 CO:R:C:G: 082776 jlj 829506

          CATEGORY: Classification

          TARIFF NO:: 4811.90.3000

          Mr. Patrick D. Gill
          Rode & Qualey
          295 Madison Avenue
          New York, New York 10017

          RE:  Storalene 537 brand paper product

          Dear Mr. Gill:

                 You requested a tariff classification for a product called
          Storalene 537, which is manufactured in Sweden, on behalf of your
          client Storalene AB.  You submitted a sample of Storalene 537
          along with your request.

          FACTS:

                 Storalene 537 is made of 65 percent cellulosic (wood pulp)
          fibers, 22 percent man-made (polyester) fibres and 13 percent
          latex binder.  The latex is applied to both sides of the sheet of
          Storalene 537 after it is formed.

          ISSUE:

                 How is Storalene 537 classified under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA)?

          LAW AND ANALYSIS:

                 The Explanatory Notes for Chapter 48, HTSUSA, define paper
          as follows:

                      Paper consists essentially of the
                      cellulosic fibres of the pulp of
                      Chapter 47 fitted together in sheet
                      form.  Many products, such as certain tea
                      bag materials, consist of a mixture of
                      these cellulose fibres and of texile
                      fibres (in particular man-made fibres
                      as defined in Note 1 to Chapter 54).  Where
                      the textile fibres predominate by weight,
                      the products are not regarded as paper and are
                      classified as nonwovens (heading 56.03).











                                         -2-


                 We note that in Storalene 537, the polyester (i.e., man-
          made) fibers do not predominate by weight, therefore the material
          is not classified as a nonwoven fabric in Chapter 56, HTSUSA, but
          as a paper in Chapter 48, HTSUSA.

                 You suggest classification under the provision for coated
          papers: other paper: other: other: impregnated with latex, in
          subheading 4811.90.3000, HTSUSA, which is a duty-free provision.
          We agree that Storalene 537 is classifiable in this provision.

          HOLDING:

                 Storalene 537 is classified as a paper in subheading
          4811.90.30, HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division






































          6 cc: A.D., N..Y. Seaport (NIS-234 and NIS -350)
          hensley library
          082776jlj