CLA-2-48:S:N8:234 881299

Mr. Kenneth R. Paley
67 Broad Street
Sharrets, Paley, Carter & Blauvelt, P.C.
New York, N.Y. 10004

RE: The tariff classification of Transferroto 800 transfer paper, from Switzerland.

Dear Mr. Paley:

In your letter dated Dec. 15, 1992, et seq., on behalf of your client Atlantic Paper. Co., you requested a tariff classification ruling.

Samples were submitted, which have been analyzed by the Customs Laboratory. They were found to be impregnated white kraft paper, weighing 65.1 grams per square meter, and having a thickness of 0.080 mm, composed of more than 95 percent chemical bleached pulp fibers. The impregnating solution, which you characterize as proprietary (and which therefore will not be chemically identified here) is, for the purpose of tariff classification of paper, a plastic material.

You advise that the principal use of Transferroto 800 Transfer paper is transfer printing, ordinarily the printing of textile designs onto the paper, which designs are then transferred to textile fabric under heat and pressure.

The applicable subheading for the Transferroto 800 Transfer paper, imported unprinted, in sizes and shapes prescribed in Chapter Note 48-7 of the Harmonized Tariff Schedules, will be 4809.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Simplex Decalcomania paper. The rate of duty will be 2.8 percent.

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