Storalene 537 brand paper product

HQ 082776 March 13, 1990 CLA-2 CO:R:C:G: 082776 jlj 829506 CATEGORY: Classification TARIFF NO:: 4811.90.3000 Mr. Patrick D. Gill Rode & Qualey 295 Madison Avenue New York, New York 10017 RE: Storalene 537 brand paper product Dear Mr. Gill: You requested a tariff classification for a product called Storalene 537, which is manufactured in Sweden, on behalf of your client Storalene AB. You submitted a sample of Storalene 537 along with your request. FACTS: Storalene 537 is made of 65 percent cellulosic (wood pulp) fibers, 22 percent man-made (polyester) fibres and 13 percent latex binder. The latex is applied to both sides of the sheet of Storalene 537 after it is formed. ISSUE: How is Storalene 537 classified under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)? LAW AND ANALYSIS: The Explanatory Notes for Chapter 48, HTSUSA, define paper as follows: Paper consists essentially of the cellulosic fibres of the pulp of Chapter 47 fitted together in sheet form. Many products, such as certain tea bag materials, consist of a mixture of these cellulose fibres and of texile fibres (in particular man-made fibres as defined in Note 1 to Chapter 54). Where the textile fibres predominate by weight, the products are not regarded as paper and are classified as nonwovens (heading 56.03). -2- We note that in Storalene 537, the polyester (i.e., man- made) fibers do not predominate by weight, therefore the material is not classified as a nonwoven fabric in Chapter 56, HTSUSA, but as a paper in Chapter 48, HTSUSA. You suggest classification under the provision for coated papers: other paper: other: other: impregnated with latex, in subheading 4811.90.3000, HTSUSA, which is a duty-free provision. We agree that Storalene 537 is classifiable in this provision. HOLDING: Storalene 537 is classified as a paper in subheading 4811.90.30, HTSUSA. Sincerely, John Durant, Director Commercial Rulings Division 6 cc: A.D., N..Y. Seaport (NIS-234 and NIS -350) hensley library 082776jlj