HQ 956662: Request for Further Review of Protest No. 3901-93-102128,October 29, 1993, concerning the classification of disposablegarments

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 956662

                        November 16, 1994
CLA-2  CO:R:C:T 956662

CATEGORY:  Classification

TARIFF NO.:  6210.10.4010

U.S. Customs Service
Assistant District Director 
Commercial Operations
610 S. Canal Street
Chicago, IL 60607

RE:  Request for Further Review of Protest No. 3901-93-102128,
October 29, 1993, concerning the classification of disposable
garments

Dear Sir:

     This is response to the protest that was timely filed by John
V. Carr & Son, on behalf of Laivan Corporation, against your
decision regarding the tariff classification of certain disposable
garments.  A sample was submitted for examination.  

FACTS:

     The merchandise at issue is a disposable surgical gown that
has long sleeves with knitted textile cuffs, a full opening in the
rear which is secured with plastic ties and plastic snap tab neck
closures.  The surgical gown is constructed of a lightweight
nonwoven spun-bond scrim of man-made fibers which is bonded or
laminated to a plastics film.  

     The protestant contends that the merchandise at issue consists
of disposable apparel made up of plastic designed for use in
hospitals.  The protestant further states that the purpose of the
gowns is to provide a protective barrier which prevents blood and
other body fluids from contacting the skin during medical
procedures.  

     The merchandise was liquidated under subheading 6210.10.4010
of the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for garments, made up of fabrics of
headings 5602 or 5603.  The protestant entered the merchandise
under subheading 3926.20.5050, HTSUSA, which provides for other
articles of plastics and articles of other materials of headings
3901 to 3914.  


ISSUE:

     Whether the merchandise at issue is classifiable in Heading
3926, HTSUSA, as other articles of plastic, or in Heading 6210,
HTSUSA, as garments made up of fabrics of 5602 or 
5603?

LAW AND ANALYSIS:

     Classification of goods under the 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.  Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's taken in order.

     There are two headings that are possibly applicable to the
subject merchandise.  These two headings are Heading 6210, HTSUSA,
which provides for garments, made up of fabrics of heading 5602,
5603, 5903, 5906 or 5907 and Heading 3926, HTSUSA, which is the
provision for other articles of plastics and articles of other
materials of headings 3901 to 3914.  

     The Explanatory Notes to the Harmonized Commodity Description
and Coding System, although not legally binding, are the official
interpretation of the tariff at the international level.  The EN to
Heading 6210, HTSUSA, state, in pertinent part:

     With the exception of babies' garments of heading 62.09, this
heading covers all  garments made up of felt or nonwovens, whether
                    or not impregnated, coated, covered or
                    laminated, or of textile fabrics (other than
                    knitted or crocheted fabrics) of heading
                    59.03, 59.06 or 59.07, without distinction
                    between male or female wear.  

     In order to ascertain if the subject merchandise is
classifiable in Heading 6210, HTSUSA, Customs must initially
determine if it is made up of fabrics of Heading 5603, HTSUSA,
which provides for nonwovens.  Chapter Note 3, Chapter 56, HTSUSA,
states the following:

     Headings 5602 and 5603 cover respectively felt and nonwovens,
     impregnated, coated, covered or laminated with plastics or
     rubber whatever the nature of these materials (compact or
     cellular).

     The instant merchandise is made of a nonwoven material that is
laminated with a plastics material.  Note 3, Chapter 56, HTSUSA,
also provides for when a nonwoven laminated to a plastic will not
be classifiable in Heading 5603, HTSUSA; the instant merchandise
does not fit into any of the provided exclusions.  Therefore, the
instant merchandise fits squarely within the provision of Chapter
56, HTSUSA.



HOLDING:

     Based on the foregoing, the disposable garments at issue are
classifiable under subheading 6210.10.4010, HTSUSA, as a garment
made up of the fabric of heading 5603.  The applicable rate of duty
is 17 percent ad valorem.  

     The protest should be denied in full.  A copy of this decision
should be attached to the Customs Form 19 and provided to the
protestant as part of the notice of action.

     In accordance with Section 3(A)(11)(b) of Customs Directive
099 3550-065, dated August 4, 1993, Subject:  Revised Protest
Directive, this decision should be mailed by your office to the
protestant no later than 60 days from the date of this letter.  Any
reliquidation of the entry in accordance with the decision must be
accomplished prior to mailing of the decision.  Sixty days from the
date of the decision the Office of Regulations and Rulings will
take steps to make the decision available to Customs personnel via
the Customs Rulings Module in ACS and the public via the Diskette
Subscription Service, Freedom of Information Act and other public
access channels.  

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division