CLA-2 CO:R:C:G 087140 CB
Lynn S. Baker, Esq.
Katten, Muchin & Zavis
525 West Monroe Street
Suite 1600
Chicago, Illinois 60603-3693
RE: Modification of HQ 081950a issued December 29, 1989
Dear Ms. Baker:
On December 29, 1989 a classification ruling was issued
(HRL 081950a) classifying a disposable surgical gown made of
Sontara under subheading HTSUSA. After much discussion and
consideration, we have re-examined the proper classification of
these articles.
The article at issue is a large sterile surgical back gown
made out 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 water jet
spray. Upon further consideration, we have determined that these
articles are more properly classified under a different heading
within the Harmonized Tariff Schedule of the United States
(HTSUSA).
The polyester fiber batt in Sontara products is classifiable
as a nonwoven textile material in heading 5603, HTSUSA. Garments
made up of fabrics of heading 5603, HTSUSA, are classifiable in
subheading 6210.10, HTSUSA. It is Customs opinion that the
Sontara manufacturing process qualifies as a fabric formed on a
base of paper. Therefore, the subject Sontara garments are
classifiable in subheading 6210.10.20, HTSUSA, which provides for
garments, made up of fabrics of headings 5602, 5603, 5906 or
5907: of fabrics of heading 5602 or 5603: of fabrics formed on a
base of paper or covered or lined with paper. The rate of duty
is 5.6 percent ad valorem.
-2-
HRL 084362 is modified accordingly pursuant to
19 CFR 177.9(d). If pending transactions are adversely affected
by this modification, you may, at your discretion, notify this
office and apply for temporary relief from the binding effects of
this new ruling as may be dictated by the circumstances.
Sincerely,
John Durant, Director
Commercial Rulings Division