HQ 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.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 951978

                         October 2, 1992

CLA-2 CO:R:C:T 951978 SK

CATEGORY: Classification

TARIFF NO's.: 6210.10.2000; 6307.90.6000

Ken W. Read
Baxter Healthcare Corporation
Convertors Operation 
One Butterfield Trail
El Paso, Texas 79906

RE: 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.

Dear Mr. Read:

     On May 4, 1990, this office issued you Headquarters Ruling
Letter (HRL) 086629, classifying various surgical garments and
drapes made from a material known as "Sontara."  Upon further
review, our holding in that ruling is affirmed and our analysis
follows. 

FACTS:

     HRL 086629 classified surgical garments and drapes made from
"Sontara" under subheading 6210.10.2000, HTSUSA, for the garments
and subheading 6307.90.6000, HTSUSA, for the drapes.  It was
determined that as neither the paper nor the nonwoven textile
fabric imparted the essential character to the merchandise,
classification of these articles was properly based on a GRI 3(c)
analysis. 

     HRL 086629 served to revoke HRL 081946, dated December 29,
1989.  Although the holding in HRL 081946 was deemed incorrect,
the rationale in that ruling was proper. 

     You seek classification of the subject merchandise under
Chapter 48, HTSUSA, and contend that these articles are properly
classifiable as hospital articles of paper.  This claim was also
addressed in HRL 086629.



                              - 2 -

     The seven articles which were the subject of HRL 086629 were
a scrub top, scrub pants, warm-up jacket, two types of operating
gowns, a surgical drape and a perineal towel.  All of the
products are assembled in Mexico from a material described as
"Sontara" which consists of a woodpulp paper and a polyester
fiber batt which have been hydraulically entangled together by a
patented water jet process.  This structure is then water
repellant treated with a fluorochemical and wax finish emulsion. 
All of the articles are used exclusively in hospitals during
surgical procedures and are discarded after a single use.

ISSUES:

     Is the essential character of these articles imparted by
their paper or textile components?

     What is the proper classification of these articles?

LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes.  Where the
goods cannot be classified solely on the basis of GRI 1, and if
the remaining headings and legal notes do not otherwise require,
the remaining GRI's may be applied in order of their appearance.

     In earlier submissions, you stated that "Sontara" is
composed of 55% wood pulp with only a 45% textile content.  Fiber
analysis conducted by the U.S. Customs Laboratory indicates that
the material is composed of only 49% wood pulp, although later
headquarters rulings did not contest that the product contained
55% wood pulp.  You further assert that because the textile
component does not predominate by weight, this product can not be
classified as a textile.  In support of this contention, you cite
the Explanatory Notes (EN) to Chapter 48, HTSUSA, which state: 

     Where the textile fibers predominate by weight, the 
     products are not regarded as paper and are classified 
     as nonwovens (heading 56.03)."

The Explanatory Notes (EN) to the Harmonized Commodity and
Description Coding System, although not legally binding, are the
official interpretation of the nomenclature at the international
level.  This language does not mean that the percentage of
textile fibers in this product is necessarily determinative of
classification.  




                              - 3 -


Chapter 48 refers to the type of product where woodpulp and
textile fibers are mixed in one slurry and then a paper or a
nonwoven product is made from that slurry.  "Sontara" is not made
this way.  This material consists of two layers, one of which is
woodpulp, the other a polyester fiber batt.  The two preexistant
layers are then hydraulically entangled by a patented water jet
process.  One side of the "Sontara" is described as "paper rich",
the other as "polyester rich."  After the water jet process, the
woodpulp and the polyester are intermingled but one side remains
predominantly woodpulp and the other side predominantly
polyester.

     As this product is comprised of a paper portion and a
textile portion, this article is a composite good and the
relevant analysis for classification purposes is provided by GRI
3 which reads:

     When, by application of rule 2(b) or for any other 
     reason, goods are, prima facie, classifiable under 
     two or more headings, classification shall be affected
     as follows:

     (a)  The heading which provides the most specific
          description shall be preferred to headings 
          providing a more general description.  
          However, when two or more headings each refer 
          to part only of the materials...contained in mixed
          or composite goods...those headings are to be 
          regarded as equally specific in relation to 
          those goods, even if one of them gives a more 
          complete or precise description of the goods.

     As noted supra, this product has a paper and a textile
component and they are equally provided for in the Nomenclature. 
GRI 3(b) applies as follows:

     (b)  ... composite goods consisting of different materials
          which cannot be classified by reference to 3(a), shall
          be classified as if they consisted of the material
          or component which gives them their essential          
          character.

     Explanatory Note VIII to GRI 3(b) states that:

     The factor which determines essential character will 
     vary as between different kinds of goods.  It may, 
     for example, be determined by the nature of the 
     material or component, its bulk, quantity, weight 
     or value, or by the role of a constituent material 
     in relation to the use of the goods.

                              - 4 -


     With regard to the subject merchandise, it is impossible to
determine which of its components determines this article's
essential character: both make significant contributions to the
product, both are essential to the function of "Sontara", and the
contribution of the paper component does not so outweigh the
textile contribution so that it clearly imparts this product's
essential character. 

     GRI 3(c) sets forth that when goods cannot be classified by
reference to 3(a) or 3(b), they shall be classified under the
heading which occurs last in numerical order among those which
equally merit consideration.  Accordingly, the article at issue
is properly classified under headings 6210, HTSUSA and heading
6307, HTSUSA, as these headings occur later in numerical order 
than do the relevant headings in Chapter 48, HTSUSA. 

HOLDING:

     HRL 086629 is affirmed.

     The garments made from "Sontara" are classifiable under
subheading 6210.10.2000, HTSUSA, which provides for garments made
up of fabrics of heading 5603, formed on a base of paper or
covered or lined with paper.  The rate of duty is 5.6% ad
valorem.

     The drapes made from "Sontara" are classifiable under
subheading 6307.90.6000, HTSUSA, which provides for surgical
drapes of fabric formed on a base of paper or covered or lined
with paper, dutiable at a rate of 5.6% ad valorem.  

     Due to the nature of the statistical annotation (the ninth
and tenth digits of the classification) and the restraint
(quota/visa) categories, you should contact your local Customs
office prior to importation of this merchandise to determine the
current status of any import restraints or requirements.



                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division