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NY 870609


January 28, 1992
CLA-2-56:S:N:N3H:350 870609

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9090

Mr. Philip C. Salmon
Tradex America
P.O. Box 271
Boxford, MA 01921

RE: The tariff classification of FAX cleaning paper known as FAXCLEAR, from Japan.

Dear Mr. Salmon:

In your letter dated January 14, 1992, you requested a tariff classification ruling.

You refer to the submitted sample as synthetic paper - made of polyester. The slightly corrugated material will be shipped in rolls to a facility in New York State where it will be cut to sheet size, treated with a solvent and packed three sheets to an envelope. A single sheet is used to clean the facsimile machine. The solvent is used to dissolve any dirt and the material portion is used to remove such dirt as well as wipe clean the inner workings of the machine.

The material is made from staple length polyester fibers, which, by construction, are man-made textile fibers and not wood or cellulosic pulp. The product is considered a textile material and not a paper for tariff purposes.

The applicable subheading for the material will be 5603.00.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of staple fibers. The rate of duty will be 12.5 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements, products of Japan are subject to quota and the requirement of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs Office.

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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