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HQ 083592


May 11, 1989

CLA-2 CO:R:C:G: 083592 JLJ 835711

CATEGORY: CLASSIFICATION

TARIFF NO.: 4811.39.40

Mr. George M. Keller
Bunzl Specialty Materials, Inc.
1220-K Kennestone Circle
Marietta, Georgia 30066

RE: Classification of Sterisheet

Dear Mr. Keller:

You inquired about the tariff classification of a product called Sterisheet 77, imported from England. You submitted a sample of the product along with your inquiry.

FACTS:

You stated that Sterisheet 77 will be manufactured at Wycombe Marsh Paper Mills Limited in England and sold to Wycombe's United States subsidiary, Bunzl. Sterisheet 77 will be imported in rolls or sheets.

You advise us that the full name of the instant product is Sterisheet 77 Surgical Crepe Paper and that its primary use is to wrap surgical instruments for sterilization in hospitals. Sterisheet 77 is designed to withstand hospital sterilization heat treatment of instruments.

Sterisheet 77 is composed of 71 percent paper fibers, 16 percent polyester fibers and 13 percent resin. According to your description of the manufacturing process, the polyester fibers are added to the slurry before the web is formed. The product is creped and coated with a resin characteristic of a terpolymer of styrene, acrylic acid, and maleic ester. Our Technical Services office informs us that this resin is considered to be a plastic.

You suggest that this product is properly classified under Heading 4808, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for creped paper.

ISSUE:

What is the tariff classification of Sterisheet 77?

LAW AND ANALYSIS:

Chapter 48, Note 5, HTSUSA, defines "kraft paper and paperboard" as "paper and paperboard of which not less than 80 percent by weight of the total fiber content consists of fibers obtained by the chemical sulfate or soda processes." You suggest classification of Sterisheet 77 under subheading 4808.30.00, HTSUSA, which covers other kraft paper, creped or crinkled, whether or not embossed or perforated.

Assuming that Sterisheet meets the specifications set forth in Note 5, it also answers the description set forth in Heading 4811, which covers coated paper. Chapter 48, Note 6, HTSUSA, states that "Paper...answering to a description in two or more of the headings 4801 to 4811 are to be classified under that one of such headings which occurs last in numerical order in the tariff schedule." Since Heading 4811 occurs after Heading 4808, the Sterisheet 77 must be classified there, in subheading 4811.39.40, HTSUSA, which covers coated paper, coated, impregnated or covered with plastics, other, other. Subheading 4811.39.40 is duty-free.

HOLDING:

Sterisheet 77 is classified in subheading 4811.3940, HTSUSA.

Sincerely,

John Durant, Director

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