CLA-2 CO:R:C:G 086348 RFC
Mr. Al Sherman
Jack R. Huls & Co.
61 - 12th Steet
P.O. Box 1599
Blaine, Washington 98230
RE: Air-laid paper used in the manufacture of paper wipes, table
cloths, napkins, and the like
Dear Mr. Sherman:
This ruling letter is in response to your request of
September 29, 1989, on behalf of Merfin Hygienic Products Ltd.,
concerning classification under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), for air-laid papers used in
the manfacture of paper wipes, table cloths, napkins, and the
like. Samples of the papers were submitted.
FACTS:
The submitted samples consist of sheets of white, air-laid
paper of 100% chemical-bleached pulp fibers and containing an ash
of 0.1%. The sample papers are not coated and are impregnated
with plastic that acts as a binder on the fibers. The paper is
imported in parent rolls exceeding 36 cm in width which are cut
to size and finished by the purchaser for use as paper wipes,
table cloths, napkins, and similar items.
ISSUE:
Whether air-laid paper for sanitary, hygienic and other
personal use is coated or impregnated paper within the meaning of
Note 2 to Chapter 48 of the HTSUSA.
-2-
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 states, in
part, that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes...."
Subheading 4803.00.4000, HTSUSA, provides for toilet or
facial tissue stock, towel or napkin stock...in rolls of a width
exceeding 36 cm...: other. Following GRI 1, the above-described
goods would appear to fit squarely within this subheading of the
HTSUSA. Chapter Note 2 to Chapter 48, however, states, in part,
that "...heading No. 4803...[does] not apply to paper,
paperboard, cellulose wadding or webs of cellulose fibers which
have been otherwise processed, for example, by coating or
impregnation."
In turn, however, the Explanatory Notes to chapter 48 on
"impregnated paper and paperboard" state:
Most of these papers and paperboards are obtained by
treatment with oils, waxes, plastics, etc., in such a manner
as to permeate them and give them special qualities (e.g.,
to render them waterproof, greaseproof, and sometimes
translucent or transparent). They are used largely for
protective wrapping or as insulating materials.
Impregnated papers and paperboards include, oiled wrapping
paper, oiled or waxed manifold paper, stencil paper,
indicator papers such as litmus or pole-finding papers,
insulating paper and paperboard impregnated, e.g., with
plastics, rubberised paper, paper and paperboard merely
impregnated with tar or bitumen.
In the report issued by the New York Customs laboratory
on the chemical composition of the instant papers, the report
states that the "samples are impregnated with plastic
(polystyrene/acrylate type) that is acting as a binder on the
fibers." (emphasis added) It is clear, then, that the plastic
with which the instant papers is "impregnated" is used for
purposes of binding the fibers of the papers and not to give the
papers "special qualities," as discussed above in the Explanatory
Notes to chapter 48 on "impregnated paper and paperboard" (e.g.,
treating the papers with oils, waxes, or plastics to render them
waterproof or greaseproof for use as protective wrapping or as
insulating materials). Accordingly, the instant papers are not
"impregnated papers" for purposes of Chapter Note 2 to Chapter
-3-
48 and should not be classified as such under the HTSUSA.
HOLDING:
The above-described goods are classified under subheading
4803.00.4000, HTSUSA, which provides for toilet or facial tissue
stock, towel or napkin stock...: other. The goods are duty free.
Sincerely,
John Durant, Director
Commercial Rulings Division