Classification of disposable barrier surgical gown; 9902, HTSUSA

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