CLA-2 CO:R:C:G 083719 JLJ, 836545

Ms. Linda J. Pirrami
C. J. Tower, Inc.
128 Dearborn Street
Buffalo, New York 14207

RE: Tariff classification of color cards and colored sheets of paper

Dear Ms. Pirrami:

You requested a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for certain color cards and colored sheets of paper imported from Canada on behalf of your client, McCorquodale Color Card Limited. You submitted samples of various color cards and colored sheets of paper along with your request.

FACTS:

The submitted samples of the color cards and colored sheets of paper are all on paper and paperboard. You state that they are used as "a visual display of a product's available colors, shades or finishes to a potential purchaser/user to make a selection." They are produced by a McCorquodale machine in Canada. The color cards are similar to paint charts. The colored sheets are sheets of paper which are colored on one side.

ISSUE:

Are the instant color cards and colored sheets of paper classified as printed matter under the HTSUSA?

LAW AND ANALYSIS:

While the sample color cards and colored sheets of paper contain some conventional printed matter (usually produced by lithography), their essential element is the color displays, which are deposited by the McCorquodale machine. In Perry Ryer & Co. v. United States, 28 Cust. Ct. 153, C.D. 1403 (1952),

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affirmed by United States v. Perry Ryer & Co., 41 CCPA 18, C.A.D. 524 (1953), the courts held that a McCorquodale machine is not classified as a printing machine because it does not print anything. Instead, it deposits samples of paint pigments or colored lacquers on paper or similar sheets. Any printing on the cards is produced by another machine.

Chapter 49 Note 2, HTSUSA, states "For the purposes of chapter 49 the term 'printed' also means reproduced by means of a duplicating machine, produced under the control of a computer, embossed, photographed, photocopied, thermocopied or typewritten. We note that the lacquer-depositing operation of the McCorquodale machine is manually controlled.

The question here is whether--if the essential character of the color cards and colored sheets of paper is not produced by a printing machine--the instant merchandise constitutes printed matter for tariff purposes.

The Explanatory Notes for Chapter 49, HTSUSA, state as follows:

...this Chapter covers all printed matter of which the essential nature and use is determined by the fact of its being printed with motifs, characters or pictorial representations.

* * * * *

For the purposes of this Chapter, the term 'printed' includes not only reproduction by the several methods of ordinary hand printing (e.g., prints from engravings or woodcuts, other than originals) or mechanical printing (letterpress, offset printing, lithography, photogravure, etc.), but also reproduction by duplicating machines, production under the control of a computer, embossing, photography, photocopying, thermocopying or typewriting (see Note 2 to this Chapter), irrespective of the form of the characters in which the printing is executed (e.g., letters of any alphabet, figures, shorthand signs, Morse or other code symbols, Braille characters, musical notations, pictures, diagrams). The term does not, however, include coloration or decorative or repetitive-design printing.

While the Explanatory Notes broaden the meaning of the term "printed" beyond normal types of printing processes, they still specifically state that the essential nature of printed matter is

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that it is printed with motifs, characters or pictorial representations. The instant color cards and colored sheets of paper lack this prerequisite. The Explanatory Notes also definitely exclude coloration from the ranks of printed matter. Following the above-quoted Notes, it seems definite that the instant color cards and colored sheets of paper are not to be included in Chapter 49, HTSUSA, as printed matter. Their essential character lies in the colors deposited on them, not in the minor amounts of printed text providing names of colors and advertising matter.

General Rule of Interpretation (GRI) 1, HTSUSA, states that "...for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...." Following GRI 1, we find that the instant color cards and colored sheets of paper are classified under the provision for other coated paper cut to shape or size or other articles of coated paper in subheading 4823.90.6500, HTSUSA, dutiable at the general rate of 5.6 percent ad valorem. Products of Canada classified in this subheading are eligible for a duty rate of 4.4 percent ad valorem under the United States-Canada Free Trade Agreement if all applicable regulations are met.

HOLDING:

The instant color cards and colored sheets of paper are not printed matter for tariff purposes. They are classified as other coated paper articles and other coated paper cut to shape or size articles in subheading 4823.90.6500, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division

6cc: A.D. N.Y. (NIS-234)
1cc: D.D. Detroit, Mich (Attn: Ken Finland)
1cc: D.D. Buffalo, N.Y. (Attn: Ralph Perri)
1cc: D.D. Penbina, N.D. (Attn: Martha Simon)
JLJohnson:tj:typed 06/06/89
Jones library
name: 083719JLJ