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NY 853480


JUL 30 1990

CLA-2-48:S:N1:234 853480

CATEGORY: CLASSIFICATION

TARIFF NO.: 4801.00.00

Mr. G. Nicholls
Canadian Pacific Forest Products Limited
1 Nicholas Street, Suite 528
Ottawa, Ontario, Canada K1N 7B7

RE: The tariff classification of newsprint from Canada.

Dear Mr. Nicholls:

In your letter dated June 11, 1990, you requested a tariff classification ruling.

You indicate that your firm produces newsprint paper in six grades, numbered "0" through "5," with between four and six basis weights per grade. In our ruling 848874, issued to you on 2/26/90, we classified only four of the six grades, limiting our determination to one specific weight for each. You now ask that we rule on the remaining grades and weights.

The subject papers are chiefly used to produce daily or weekly newspapers and/or inserts or supplements for same. They will be imported in rolls having a width exceeding 15 cm, or in rectangular sheets with one side exceeding 36 cm and the other exceeding 15 cm in an unfolded state.

Samples and technical data were previously submitted in connection with the prior ruling; descriptions and laboratory results for grades 1, 2, 3, and 5 appeared in that letter. We have now analyzed a 52.1 gsm weight of grade 4 and an unspecified weight of grade 0. Our lab finds that both are off-white (grayish) uncoated papers consisting of more than 81% mechanical pulp fibers and having an ash content of less than 1%. The lab finds that the grade 0 sample has a weight of 53.3 gsm, a thickness of 0.108 mm, and a smoothness of 10.7 seconds Bekk. The grade 4 sample has a weight of 51.3 gsm, a thickness of 0.080 mm, and a smoothness of 50.7 seconds Bekk. Both samples meet the "newsprint" specifications set forth in Note 3, Chapter 48 of the Harmonized Tariff Schedule of the United States (HTS).

You state that all of the weights in which the six grades are supplied will be within the parameters (40 to 57 gsm) set by the Chapter Note cited above. For the purposes of this ruling, it is also assumed that except for heaviness and thickness, the various weights within each grade will exhibit very similar characteristics (e.g., composition, smoothness, ash content), and will conform to the other requirements of said Note.

Accordingly, the applicable subheading for all weights of the newsprint, grades 0, 1, 2, 3, 4, and 5, will be 4801.00.00, HTS, which provides for newsprint, in rolls or sheets. The rate of duty will be free.

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

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