CLA-2-38:RR:NC:2:239 G81194

Mr. Paul Giguere
Sandler, Travis & Rosenberg, P.A.
1300 Pennsylvania Ave., NW
Washington, D.C. 20004-3002

RE: The tariff classification of Cato Size 52A and Cato 15A from Colombia.

Dear Mr. Giguere:

In your letter dated August 11, 2000, on behalf of your client Smurfit Carton De Colombia, S.A., you requested a tariff classification ruling for Cato Size 52A and Cato 15A which are formulated preparations based on chemically modified starch. Cato Size 52A contains an added hydrocarbon defoamer and Cato 15A contains an added phosphorous compound. Both products are sizing preparations specifically formulated for use in papermaking to improve the print, smoothness and gloss, and impart writing properties to the paper.

The applicable subheading will be 3809.92.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: other. The rate of duty will be 6 percent ad valorem.

Articles classifiable under subheading 3809.92.5000, HTS, which are products of Colombia, are entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Brady at 212-637-7063.


Robert B. Swierupski
National Commodity
Specialist Division