HQ 950920: Classification of disposable barrier surgical gown; 9902, HTSUSA

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 950920

                        February 3, 1992

CLA-2 CO:R:C:T 950920 SK

CATEGORY: Classification

TARIFF NO.: 9902.62.10

Gary Ricker
Rickburn Associates
359 McLean Boulevard
Paterson, N.J. 07513

RE: Classification of disposable barrier surgical gown; 9902,
    HTSUSA

Dear Mr. Ricker:

     This is in response to your letter, received by our New York
office December 5, 1991, requesting a binding classification
ruling for disposable barrier surgical gowns.  A sample was
enclosed for Customs' examination.

FACTS:

     The submitted sample is a disposable barrier surgical gown
made from non-woven polypropolene fibers.  It is intended to
shield the wearer from body fluids during surgical procedures.
The garment will be manufactured in Taiwan.

ISSUE:

     What is the proper classification of this article under the
Harmonized Tariff Schedule of the United States (HTSUSA)?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.







                              - 2 -


     Heading 9902, HTSUSA, deals with a wide variety of goods
which have a temporary reduction in their rate of duty by virtue
of legislative action.

     Subheading 9902.62.10, HTSUSA, provides for spunlaced or
bonded fiber fabric disposable gowns of manmade fibers intended
for use during surgical procedures (provided for in subheading
6210.10.40) and spunlaced or bonded fiber fabric disposable
surgical drapes of manmade fibers (provided for in subheading
6307.90.70).  For classification to be proper within this
provision of the Nomenclature, there are specific prerequisites
that need be met:

     1) the article must be comprised of spunlaced or bonded
        fiber fabric;

     2) the article must be disposable;

     3) the article must be of manmade fibers;

     4) the article must be intended for use during surgical
        procedures;

     5) the article must be a gown provided for in subheading
        6210.10.40, HTSUSA; or

     6) the article must be a drape provided for in subheading
        6307.90.70.
     The submitted sample is of spunlaced or bonded fiber manmade
fabrics, it is disposable and intended to be worn during surgical
procedures, it is provided for in subheading 6210.10.40, HTSUSA,
and it is a gown.  In order for classification to be proper under
subheading 9902.62.10, HTSUSA, all the aforementioned criteria
need be met, and indeed they have been in the instant analysis.

HOLDING:

     Classification of the submitted sample is under subheading
9902.62.10, HTSUSA, which provides for, in pertinent part,
spunlaced or bonded fiber fabric disposable gowns of manmade
fibers intended for use during surgical procedures (provided for
in subheading 6210.10.40).  The applicable rate of duty is 5.6%
ad valorem.









                              - 3 -


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



                            Sincerely,




                            John Durant, Director
                            Commercial Rulings Division