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NY 871278

April 6, 1992

CLA-2-48:S:N1:234 871278


Mr. Steven W. Baker
Bellsey and Baker
100 California Street, Suite 670
San Francisco, California 94111

RE: The tariff classification of "Tork Offset", from the Netherlands.

Dear Mr. Baker:

In your letter dated January 28, 1992, on behalf of your client, Molnlycke, Inc., you requested a tariff classification ruling.

"Tork Offset" is a disposable towel, or material to be used as such, intended for use by the offset printing industry for cleaning and wiping equipment. The product description indicates that it "requires less solvent to work than textiles", and is said to be produced from a mixture of 57 percent cellulose fibers, 40 percent polyester and 3 percent rayon.

You proposed classification in HTS subheading 4803.00.4000 or 4818.20.0020, depending on the size of imported sheets or rolls, and note that 4818.20.0020 classification engages a temporary duty reduction pursuant to subheading 9902.48.19.

You cite New York Ruling 831778 as relevant precedent.

As we notified you on February 11, 1992, samples furnished were sent to the Customs Laboratory for analysis. A report has now been received. We find that the cellulose fibers (wood pulp) content is not 57 percent, but 50.1 percent (Polyester, 41.2 percent, Rayon 8.7 percent).

This difference in wood pulp content (6.9 percent, plus or minus) is, as you know, significant for the tariff classification of this product, occurring as it does at or near a critical breaking-point. Apparently the product is not made to exacting specifications; another sample bearing the same product name could well be, for tariff purposes, a textile and not a paper.

For this reason, we will not issue a ruling at this time, as requested. If you wish to pursue this matter further, please contact National Import Specialist Carl Abramowitz, of this office, at (212) 466-5733.


Jean F. Maguire
Area Director

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