CLA-2-48:S:N1:234 869843

Mr. Grant Nicholls
Canadian Pacific Forest Products Limited
1 Nicholas Street, Suite 528
Ottawa, Ontario, Canada K1N 7B7

RE: The tariff classification of linerboard from Canada.

Dear Mr. Nicholls:

In your letter dated December 4, 1991, you requested a tariff classification ruling.

Specifications and samples of Grade 203 Kraft Linerboard (161 gsm) and Grade 223 Export Kraftliner (300 gsm) were submitted and have been analyzed by the New York Customs Laboratory. The lab finds the samples to be sheets of uncoated paper composed of 85% or more kraft pulp fibers (bleached and unbleached). The lab also finds that the samples meet the definition of "kraftliner" set forth in Subheading Note 1, Chapter 48 of the Harmonized Tariff Schedule of the United States (HTS). You indicate that the products will be exported from Canada in rolls having a width exceeding 15 cm.

The applicable subheading for the above grades of paper/paperboard will be 4804.19.0000, HTS, which provides for kraftliner, other than unbleached. The rate of duty will be free.

With respect to Grade 203, please note that the submitted specification sheet indicates a "low range" Mullen bursting strength of 515 kPa, which, in conjunction with a weight close to 161 gsm, would fail to comply with the requirements of the aforementioned "kraftliner" definition. Therefore this ruling is limited to goods which, like the samples, actually meet the conditions of the Subheading Note.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport