CLA-2-48:OT:RR:NC:N2:234

Mr. Karl F. Krueger
Radix Group International dba DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of newsprint from Canada

Dear Mr. Kruger:

In your letter dated August 13, 2010, on behalf of your client Abitibi Bowater, you requested a tariff classification ruling.

In your letter dated May 17, 2010, you submitted samples of eight sheets (8” X 11”) of newsprint representing style numbers N96, N06, N98 and N08. There were two sheets for each style. The samples were rejected for additional information which included the width and diameter of the rolls of the newsprint at the time of importation and the time of transudation of water by the ground glass method. On August 25, 2010 we received your request with the additional information. This office via telephone ascertained that the minimum width of any of the rolls of newsprint is 30.4 centimeters and the maximum width is 130 centimeters. The diameter of the rolls will range from 1016 millimeters to 1270 millimeters. You stated in your reply that the ground glass method was not used.

Style N96 is described as being 71 micrometers thick with a smoothness of 4, 54% brightness, 8% ash content, a machine finish and weighing 45g/m2. This style is made from 100% recycled paper with no fibers being obtained by either a mechanical or chemical process.

Style N06 is described as being 81 micrometers thick with a smoothness of about 4, 55.5% brightness, no ash content, not having a finish, and weighing 45 g/m2. It is made from fibers of which 91.5% are obtained by a mechanical process.

Style N08 is described as being 86 micrometers thick with a smoothness of about 4, 55.5% brightness, no ash content, not having a finish and weighing 48.8 g/m2. It is made from fibers of which 91.5% were obtained by a mechanical process.

Style N98 is described as being 74 micrometers thick with a smoothness of 4.5, 54% brightness, 8% ash content, a machine finish and weighing 48.8 g/m2. This style is made from 100% recycled paper with no fibers being obtained by either a mechanical or chemical process. The applicable subheading for the “newsprint” if it meets the requirements of Chapter 48 Notes 4 and 8 (a) will be 4801.00.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other newsprint, in rolls or sheets. The rate of duty will be Free.

The applicable subheading for the “newsprint” if it does not meets the requirements of Chapter 48 Notes 4 and 8 (a) will be 4802.57.4000, HTSUS, which provides for uncoated paper and paperboard, of a kind used for writing, printing or other graphic purposes, and non perforated punch cards and punch tape paper in rolls or rectangular (including square) sheets, of any size, other than heading 4801 or 4803; hand-made paper and paperboard: Other, weighing 40g/m2 or more but not more than 150 g/m2: Other. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Wilson at (646) 733-3037.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division