CLA-2 CO:R:C:G 084087 jlj 838346
6206.40.3030
Mr. Gerald B. Horn
Soller, Singer & Horn
No. 10, The Mews
421 Hudson Street
New York, New York 10014
RE: Two-piece medical scrub suits; reconsideration of
NYRL 835200, dated February 1, 1989
Dear Mr. Horn:
On behalf of your client Keilei International, you
requested a reconsideration of New York letter 835200 of
February 1, 1989, which classified two-piece surgical scrub
suits. After a conference with Customs Headquarters personnel,
you submitted another letter in support of your arguments.
FACTS:
The merchandise at issue is medical scrub suits imported
from China. The sample submitted to our New York office with
the previous inquiry was a 50 percent cotton, 50 percent
polyester, woven, reversible, two-piece medical scrub suit.
The top had a V-neck, short sleeves, a pocket at the chest area
on either side, and a hemmed neck, sleeve cuffs and bottom.
The pants had a drawstring at the waist, a rear pocket on
either side, and a hemmed bottom.
New York letter 835200 classified both the top and the
pants portions as parts of ensembles. If the top was in chief
weight of cotton, it was classified under the provision for
other cotton blouses and shirts in subheading 6204.22.3065,
HTSUSA. If the pants were in chief weight of cotton, they were
classified under the provision for other cotton trousers and
breeches in subheading 6204.22.3040, HTSUSA. If the top was in
chief weight of synthetic fibers, it was classified under the
provision for other blouses and shirts of synthetic fibers, in
subheading 6204.23.0055, HTSUSA. If the pants were in chief
weight of synthetic fibers, they were classified under the
provision for other trousers and breeches of synthetic fibers,
in subheading 6204.23.0040, HTSUSA.
-2-
ISSUE:
What is the proper tariff classification of the medical
scrub tops and pants?
LAW AND ANALYSIS:
Citing to the Explanatory Notes to Chapter 62, HTSUSA, you
observe that ensembles must be put up for retail sale. You
state that the instant scrub suits are sold in bulk directly to
hospitals by the importer and that they are not put up for
retail sale as required by the Explanatory Notes. Under these
circumstances, we agree that the instant scrub suits are not
ensembles.
You also argue that the Explanatory Notes for Headings
6211 and 6114 require that surgeons' protective attire be
classified in Heading 6211. You provide a letter and articles
from the Association of Operating Room Nurses, Inc., a copy of
their recommended practices in the surgical suite and a copy of
an article from their Journal to indicate that the scrub suits
are protective attire intended to protect against infection.
You further claim that, even if there is some conflict between
Headings 6204 and 6211, General Rule of Interpretation (GRI)
3(c), HTSUSA, must be applied resulting in classification in
Heading 6211. You claim that the instant scrub suits are
classified under the provision for track suits, ski-suits and
swimwear; other garments: other garments, women's or girls': of
cotton: other: women's, in subheading 6211.42.0010, HTSUSA.
The Explanatory Notes for Heading 6211 state that "The
provisions...of the Explanatory Note to Heading 6114 concerning
other garments apply, mutatis mutandis, to the articles of this
heading." Referring back to the Explanatory Notes to Heading
6114, we find the statement "This heading covers knitted or
crocheted garments which are not included more specifically in
the preceding headings of this Chapter." Applying this
language to Heading 6211 means that Heading 6211 does not apply
if the garments are covered more specifically in preceding
headings than the Heading 6211 phrase "other garments." The
garments are more specifically covered in Headings 6204 and
6206, therefore neither Heading 6211 nor GRI 3(c) would apply
here.
-3-
If the pants are in chief weight of cotton, they are
classified under the provision for women's or girls' suits,
ensembles, suit-type jackets and blazers, dresses, skirts,
divided skirts, trousers, bib and brace overalls, breeches and
shorts (other than swimwear): trousers, bib and brace overalls,
breeches and shorts, of cotton: other: other: other: other, in
subheading 6204.62.4050, HTSUSA, dutiable at the general rate
of 17.7 percent ad valorem. Textile category 348 applies to
merchandise classified in this subheading.
If the tops are in chief weight of cotton, they are
classified under the provision for women's or girls' blouses,
shirts and shirt-blouses: of cotton: other: other: other:
women's, in subheading 6206.30.3040, HTSUSA, dutiable at the
general rate of 16.4 percent ad valorem. Textile category 341
applies to merchandise classified in this subheading.
If the pants are in chief weight of synthetic fibers, they
are classified under the provision for women's or girls' suits,
ensembles, suit-type jackets, blazers, dresses, skirts, divided
skirts, trousers, bib and brace overalls, breeches and shorts
(other than swimwear): trousers, bib and brace overalls,
breeches and shorts: of synthetic fibers: other: other: other:
other: other: trousers and breeches: women's, in subheading
6204.63.3530, HTSUSA, dutiable at the general rate of 30.4
percent ad valorem. Textile category 648 applies to
merchandise classified in this subheading.
If the tops are in chief weight of synthetic fibers, they
are classified under the provision for women's or girls'
blouses, shirts and shirt-blouses: of man-made fibers: other:
other: other: women's, in subheading 6206.40.3030, HTSUSA,
dutiable at the general rate of 28.6 percent ad valorem.
Textile category 641 applies to merchandise classified in this
subheading.
HOLDING:
If in chief weight of cotton, the top is classified in
subheading 6206.30.3040, HTSUSA, and the pants are classified
in subheading 6204.62.4050, HTSUSA. If in chief weight of
synthetic fibers, the top is classified in subheading
6206.40.3030, HTSUSA, and the pants are classified in
subheading 6204.63.3530, HTSUSA. Inasmuch as New York
letter 835200 no longer reflects the views of the United States
Customs Service, it is modified under the provisions of 19 CFR
177.9(d)(1).
Sincerely,
John Durant, Director
Commercial Rulings Division
jackson library 084087jlj
6cc: Area Director, New York Seaport (NIS-353)
JLJohnson:jaj:6/23/89