CLA-2-39:S:N:N6:221 886199

Ms. Barbara Blackler
Nissei Sangyo America, Ltd.
100 Lowder Brook Drive
Suite 2400
Westwood, MA 02090-1124

RE: The tariff classification of plastic coated paper sheets from Japan.

Dear Ms. Blackler:

In your letter dated May 14, 1993, you requested a tariff classification ruling.

The product is identified as coated paper, SB size. In your letter you question whether it might be classified as photographic paper in subheading 3703.20.6000, Harmonized Tariff Schedule of the United States (HTS). The sample was analyzed by the New York Customs Laboratory and found to consist of one layer of pulp fibers sandwiched between two layers of polypropylene plastic, one of which has a thin coating of polyvinyl acetate plastic. The thickness of the plastic layers exceeds the thickness of the paper layer. The laboratory has verified that this is not a sensitized photographic paper.

The applicable subheading for the plastic coated paper sheet will be 3921.90.4010, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, flexible, reinforced with paper. The rate of duty will be 4.2 percent ad valorem. 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