Modification of HQ 081950a issued December 29, 1989

HQ 087140 May 23, 1990 CLA-2 CO:R:C:G 087140 CB CATEGORY: Classification TARIFF NO.: 6210.10.2000 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