HQ 084362: Tariff classification of a disposable surgical gown of Sontara

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 084362

                                   August 11, 1989


          CLA-2 CO:R:C:G 084362 JLJ 839674

          CATEGORY: Classification

          TARIFF NO.: 6210.10.4010, 9902.62.10

          Ms. Soraya Ellison, Import Dept.
          Lucios & Lucios, Inc.,
          1775 N.W. 70th Avenue
          Miami, Florida  33126

          RE:  Tariff classification of a disposable surgical
               gown of Sontara

          Dear Ms. Ellison:

               On behalf of your client, Bolden Products, Inc., you request
          a tariff classification for a disposable surgical gown made of
          Sontara.  The material is of United States origin.  The
          manufacturer wants to have the fabric cut and stitched in the
          Dominican Republic.  You submitted a sample along with your
          letter.

          FACTS:

               The sample submitted is of nonwoven DuPont Sontara material.
          Sontara is a two layer material made of a polyester fiber batt
          and a wood pulp paper which are hydraulically entangled together
          by a patented water jet spray.  The final product is 45 percent
          plus or minus 2 percent polyester by weight and 55 percent plus
          or minus 2 percent wood pulp by weight.

               The sample submitted is a sealed plastic package containing
          a large sterile surgical back gown and a hand towel.  The package
          says "Contents of the unopened, undamaged package are sterile."

          ISSUE:

               What is the tariff classification of the surgical gown under
          the Harmonized Tariff Shedule of the United States (HTSUSA)?



















                                         -2-

          LAW AND ANALYSIS:

               The material of the gown in question is Sontara, a two layer
          product composed of a layer of wood pulp fiber (i.e., paper)
          combined with a layer of polyester fiber batt (i.e., a nonwoven
          textile).  As such, Sontara is a composite good within the
          purview of General Rule of Interpretation (GRI) 3, HTSUSA.  GRI
          3, HTSUSA, reads as follows:

                     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 effected 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 or
                     substances contained in mixed or composite goods or to
                     part only of the items in a set put up for retail
                     sale, 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.

               (b)   Mixtures, composite goods consisting of different
                     components, and goods put up in sets for retail sale,
                     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,
                     insofar as this criterion is applicable.

               (c)   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.

               GRI 3(a) does not apply, because both Heading 4818 (articles
          of paper apparel) and Heading 6210 (garments made up of nonwoven
          fabrics) refer to only part of the materials contained in the
          composite good; therefore, they are considered to be equally
          specific.

               GRI 3(b) says that if composite goods cannot be classified
          under GRI 3(b), they shall be classified as if they consisted of
          that material which gives them their essential character.  In
          this regard, we believe that neither the paper nor the nonwoven















                                        - 3 -

          fabric imparts the essential character to the merchandise.  Both
          are present in substantial quantity and value.  Each is necessary
          to the use and function of the article.  Accordingly, the instant
          surgical gown cannot be classified in accordance with GRI 3(b),
          either.

               GRI 3(c) provides that when goods cannot be classified by
          reference to GRI 3(a) or GRI 3(b), they shall be classified under
          the heading which appears last in numerical order among those
          being considered.  Between Heading 4818 and Heading 6210, HTSUSA,
          Heading 6210 is the last in numerical order; therefore, it is the
          applicable heading under GRI 3(c), HTSUSA.

               The polyester fiber batt is classifiable as a nonwoven
          textile material in Heading 5603, HTSUSA.  The instant surgical
          gown is therefore classifiable under the provision for garments,
          made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: of
          fabrics of heading 5602 or 5603: other: nonwoven disposable
          apparel designed for use in hospitals, clinics, laboratories or
          contaminated areas, in subheading 6210.10.4010, HTSUSA, dutiable
          at the rate of 17 percent ad valorem.  If the surgical gown is
          sterilized or in immediate packing ready for sterilization, it
          may be eligible for a 5.6 percent ad valorem duty rate under
          subheading 9902.62.10, HTSUSA, which provides for bonded fiber
          fabric disposable gowns, sterilized or in immediate packings
          ready for sterilization, for use in performing surgical
          procedures, of man-made fibers.

               This surgical gown may qualify for duty-free treatment under
          the Caribbean Basin Economic Recovery Act (CBERA) provided it
          meets the requirements set forth in that act.  The Customs
          Service would need to know the costs of all materials and
          processing and where these costs occurred before a decision could
          be reached.

          HOLDING:

               The instant surgical gown of Sontara is classified in
          subheading 6210.10.4010, HTSUSA.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division









          Jones library 084362JLJ
          6cc: A.D., N.Y. Seaport (NIS-353)
          1cc: CITA, Dept. of Commerce
          1cc: Phil Robins
          1cc:  Myles Harmon, International Nomenclature
          JLJohnson:tj:typed 8/10/89