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HQ 079999

July 22, 1988

CLA-2 CO:R:C:G 079999 JLJ

CATEGORY: CLASSIFICATION

TARIFF NO.: 256.13

Chief, Commercial Operations Branch 1
U.S. Customs Service
6 World Trade Center
New York, New York 10048

RE: Request for Reconsideration of CIE-666/56

Dear Sir:

In an undated memorandum (CLA-2-S: COM: N1-234), you request a reconsideration of CIE 666/56. You state that certain paper imported by Agfa-Gevaert is being classified under the provisions for basic paper to be sensitized for use in photography, in items 256.13, 252.05 or 254.05, Tariff Schedules of the United States (TSUS). You believe this position is incorrect.

In St. Regis Paper Co. v. United States, Slip Op. 87-97 (September 23, 1987), the court held that the term "photography" included electrophotography. The specific paper involved in St. Regis was a different type of paper, but the issue of whether papers similar to the paper at issue here are basic papers to be sensitized for use in photography is currently before the Court of International Trade. (Beekman Paper Co.v. United States, Ct. Nos. 86-03-00345 and 86-03-00347; BDP International v. United States, Ct. No. 86-03-00346; Sloan Paper, Inc. v. United States, Ct. No. 86-11-01380.)

As stated in 19 CFR 177.7(b), "No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade...." Inasmuch as this issue is before the court, we cannot issue a ruling concerning it.

Sincerely,

John Durant, Director

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