The tariff classification of a three-layer bonded repellent fabric and a three-layer bonded absorbent fabric, for use in the manufacture of surgical gowns and drapes for protecting health care providers from exposure to blood and body fluids, from Japan.

NY G86369 February 1, 2001 CLA-2-59:RR:NC:TA:350 G86369 CATEGORY: Classification TARIFF NO.: 5903.20.2500 Mr. Jeffrey O. Stull International Personnel Protection, Inc. 10907 Wareham Court Austin, TX 78739 RE: The tariff classification of a three-layer bonded repellent fabric and a three-layer bonded absorbent fabric, for use in the manufacture of surgical gowns and drapes for protecting health care providers from exposure to blood and body fluids, from Japan. Dear Mr. Stull: In your letter dated January 10, 2001, on behalf of Eduard Kleine of Skanor, Sweden, you requested a classification ruling. The manufacturer/exporter is Nosawa & Company, Ltd., Osaka, Japan. Two representative samples were submitted which were identified as styles Mertex Plus E3333-R fabric (repellent fabric), and Mertex Plus E5333-R fabric (absorbent fabric), respectively. These two materials will be imported as piece goods 144 cm wide. Both materials are of a three-ply construction. There is a green middle layer of a 100% polyurethane plastic membrane in both materials, which serves as a barrier film. In style E3333-R both the top and bottom (outer/inner layer) fabrics are of the same tricot knit polyester 30 denier 12 filament yarns. In style, E5333-R, the outer or top layer is of a tricot knit polyester 55 denier 106-microfilament yarn. The under layer is of the same tricot as the other style. Carbon yarns have been inserted or combined with the 30 denier tricots. The carbon yarns are present to impart anti-static properties to the materials. The green PU film, although thin, can be seen in cross-section as well as being visible through the semi-open construction of the 30 denier knitted fabrics. You provided the following technical specifications for the two materials: E3333-R E5333-R Outer layer: 55 g/m² (36.5%) Outer layer: 110 g/m² (52%) Middle layer: 45 g/m² (27%) Middle layer: 45 g/m² (21%) Inner layer: 55 g/m² (36.5%) Inner layer: 55 g/m² (27%) Total weight: 165 g/m² Total weight: 210 g/m² You state that style E3333-R is 71% polyester/29% PU/<1% carbon fiber, by weight, while style E5333-R is 79% polyester/21% PU/<1% carbon fiber, by weight, respectively. You are correct in your belief that the two fabrics are classifiable in subheading 5903.20.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 7.8 percent ad valorem. 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 George Barth at 212-637-7085. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division