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Modification of NYRL 846981; Classification of surgical gowns from Mexico
Issued September 27, 1990 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboard08 087351 (September 27, 1990)
Tariff classification
HTS codes: 6210.10.2000
Headings: 6210
Product description
NYRL 846981 classified surgical gowns made of sontara in subheading 6210.10.4010, HTSUSA, as garments, made up of fabrics of heading 5602 or 5603, other, nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas. Subsequently, HRL 086629 was issued on May 4, 1990, classifying various articles made from sontara. The ruling stated Customs opinion that the sontara manufacturing process qualifies sontara as a fabric formed on a base of paper.
CBP rationale
Since Customs has taken the view that sontara is a fabric formed on a base of paper, the surgical garments made of sontara classified in NYRL 846981 under subheading 6210.10.40, HTSUSA, are more specifically classified under subheading 6210.10.20, -2- HTSUSA, as garments, made up of fabrics of heading 5602 or 5603, of fabrics formed on a base of paper. Pursuant to 19 CFR 177.9(d), NYRL 846981 of November 21, 1989, is hereby modified as to the classification of the surgical garments at issue there. The surgical garments are classified in subheading 6210.10.2000, HTSUSA, and are subject to duty at a rate of 5.6 percent ad valorem. We recognize that pending transactions may be adversely affected by this modification. If such a situation arises, you may, at your discretion, notify this office and apply for temporary relief from the binding effects of this ruling as may be dictated by the circumstances.
Full text
HQ 087351 September 27, 1990 CLA-2 CO:R:C:G 087351 CMR CATEGORY: Classification TARIFF NO.: 6210.10.2000 Ms. Gillette Burns BOSS P.O. Box 1407 Del Rio, Texas 78841-1407 RE: Modification of NYRL 846981; Classification of surgical gowns from Mexico Dear Ms. Burns: This ruling is to modify NYRL 846981 issued to you on November 21, 1989. FACTS: NYRL 846981 classified surgical gowns made of sontara in subheading 6210.10.4010, HTSUSA, as garments, made up of fabrics of heading 5602 or 5603, other, nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas. Subsequently, HRL 086629 was issued on May 4, 1990, classifying various articles made from sontara. The ruling stated Customs opinion that the sontara manufacturing process qualifies sontara as a fabric formed on a base of paper. ISSUE: Modification of the classification of the surgical gowns of sontara in NYRL 846981 to reflect Customs view that sontara is a fabric formed on a base of paper. HOLDING: Since Customs has taken the view that sontara is a fabric formed on a base of paper, the surgical garments made of sontara classified in NYRL 846981 under subheading 6210.10.40, HTSUSA, are more specifically classified under subheading 6210.10.20, -2- HTSUSA, as garments, made up of fabrics of heading 5602 or 5603, of fabrics formed on a base of paper. Pursuant to 19 CFR 177.9(d), NYRL 846981 of November 21, 1989, is hereby modified as to the classification of the surgical garments at issue there. The surgical garments are classified in subheading 6210.10.2000, HTSUSA, and are subject to duty at a rate of 5.6 percent ad valorem. We recognize that pending transactions may be adversely affected by this modification. If such a situation arises, you may, at your discretion, notify this office and apply for temporary relief from the binding effects of this ruling as may be dictated by the circumstances. Sincerely, John Durant, Director Commercial Rulings Division
Ruling history
More rulings on the same tariff codes
The tariff classification of women’s disposable underwear briefs from Thailand
Protest number 2402-02-100083; Ethicon, Inc. v. United States; Disposable surgical gowns, drapes and packs
The tariff classification of disposable hospital shorts from Thailand.
Protest Number 2402-97-100018; disposable surgical gowns
The tariff classification of a disposable surgical gown from India.
Classification of disposable operating room gowns; GRI 3(c); heading 6210; HRL 951978
Affirmation of HRL 086629 (5/4/90); essential character determination is appropriate where article qualifies as a composite good; neither the paper nor the nonwoven textile fabric imparts the essential character; GRI 3(c); headings 6210 and 6307, HTSUSA; EN to Chap. 48.
Classification of disposable wearing apparel made of Sontara; polyester fiber imparts essential character; garments classifiable in Heading 6210
Modification of HQ 081950a issued December 29, 1989
Request for Reconsideration of HQ 081946 issued December 29, 1989; Classification of Surgical Garments and Drapes
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