CLA-2-48:S:N8:234 887225

Mr. Walter T. Brown
Tomen America, Inc.
1285 Avenue of the Americas
New York, N.Y. 10019

RE: The tariff classification of printed packaging from Japan.

Dear Mr. Brown:

In your letter dated June 4, 1993, you requested a tariff classification ruling. The sample submitted of the packaging material has been analyzed by the Customs Laboratory, which reports that it is a printed sheet of paper coated on one side with a plastic film, an aluminum foil film and another plastic film. Thicknesses of the various layers are given as: Paper: 0.087 mm; Plastic: 0.038 mm; Foil: 0.010 mm.

The product is packaging for retail sale of "Nicoderm" (r). nicotine transdermal system, manufactured by ALZA Corporation, Palo Alto, California. You have characterized it as "basically barax film", and it will be manufactured by Tokyo Aluminum, of Tokyo, Japan.

The applicable subheading for packaging material as described, if imported in strips or rolls of a width exceeding 15 cm, or in rectangular (including square) sheets with one side exceeding 36 cm and the other side exceeding 15 cm in unfolded condition, will be 4811.39.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other (than certain enumerated) paper, coated, impregnated or covered with plastics (excluding adhesives). The rate of duty will be Free.

If the described packaging material is imported in other sizes or shapes, the applicable subheading will be 4823.90.6500, HTS, which provides for: Other (than certain enumerated) coated paper, cut to size or shape, or other articles of coated paper. The rate of duty will be 5.6 percent.

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
New York Seaport