CLA-2 CO:R:C:T 950719 SK
Jack Ross, President
Sunbelt Medical Products, Inc.
P.O. Box 560355
Miami, Florida 33156
RE: Classification of spunlaced or bonded fabric; disposable
surgical apparel; unisex top and pants; 6210, HTSUSA;
must be disposable "gown" of man-made fibers intended for
use during surgical procedures to be under heading 9902,
HTSUSA
Dear Mr. Ross:
This is in response to your request for a binding tariff
classification, on behalf of Sunbelt Medical Products, Inc., of a
nonwoven unisex top and pants intended for use during surgical
procedures. Samples were submitted to this office for
examination.
FACTS:
The submitted samples consist of a nonwoven unisex top and
pants. The articles are comprised of spunlaced or bonded fiber
fabric and are disposable. The inquirer states that these
articles are intended to be used during surgical procedures. The
subject merchandise will be manufactured in Malaysia.
ISSUE:
Whether the submitted sample is classifiable under heading
9902, HTSUSA, which provides for, inter alia, spunlaced or bonded
fiber disposable gowns of man-made fibers intended for use during
surgical procedures, or under heading 6210, HTSUSA, which
provides for garments made up of fabrics of headings 5602, 5603,
5903, 5906 or 5907, HTSUSA?
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LAW AND ANALYSIS:
Classification of goods 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
for legal purposes, classification shall be determined according
to the terms of the headings in the tariff and according to any
pertinent section or chapter notes.
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 provided for in subheading
6210.10.40, HTSUSA; and
6) the article must be a gown. [emphasis added]
The submitted sample is of spunlaced or bonded fiber manmade
fabrics, it is disposable and intended to be worn during surgical
procedures, and it is provided for in subheading 6210.10.40,
HTSUSA. The article is not, however, a gown. In order for
classification to be proper under subheading 9902.62.10, HTSUSA,
all the aforementioned criteria need be met. The submitted
sample consists of a top and pants; as they are not gowns,
Customs is precluded from classifying this article under
subheading 9902.62.10, HTSUSA.
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Customs can not unilaterally change the scope of subheading
9902.62.10, HTSUSA, to include pants and tops as within the
definition of "gowns". Change in this area must be effected by
means of legislative action. You may wish to contact your
representatives in Congress should you desire to pursue
classification in Chapter 99.
HOLDING:
Classification of the submitted sample is under subheading
6210.10.4010, HTSUSA, which provides for garments, made up
fabrics of heading 5603: other ... nonwoven disposable apparel
designed for use in hospitals, clinics, laboratories or
contaminated areas. The applicable rate of duty is 17% ad
valorem.
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