The tariff classification of surgical temperature management products from China

N182141 September 23, 2011 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3921.90.1100; 3921.90.1500; 3926.20.9050; 3926.90.9980; 6506.91.0060 Ms. Christine Chen Business Development Global Resources International, Inc. 4142 Industrial Way Flowery Branch, GA 30542 RE: The tariff classification of surgical temperature management products from China Dear Ms. Chen: In your letter dated August 21, 2011, you requested a tariff classification ruling. The five samples included with your request are used as temperature management products for surgical patents. The first product is identified as a blanket. Another product is identified as an infant papoose. All of the other products are disposable garments designed to cover various parts of the body. These single-use disposable products are designed to retain the patient’s body heat and manage the patient’s core body temperature before, during and immediately after surgery. You describe the material comprising these articles to be aluminum coating on polypropylene nonwoven fabric. The samples were examined and found to be composed of clear plastic film metallized with vapor deposited aluminum particles. The plastic film is backed with a thin layer of polyethylene spunbonded nonwoven fabric. The metallized plastic film is the component that performs the heat retaining function, so this is the component that imparts the essential character to the plastic film/nonwoven fabric laminate. Item 1, identified as a blanket, is in the form of a rectangular sheet, measuring approximately 36 inches by 40 inches. The sheet has not been hemmed, shaped or otherwise further worked beyond the form of a sheet. Item 2, identified as a “mitten,” is actually a hand covering. It is constructed with an open elasticized textile cuff that slips over the hand and secures around the wrist. The opposite end has a hook and loop closure to form a seal. There are no separations for the thumb or any fingers. Item 3, identified as a cap, is a head covering that resembles a shower cap with an elasticized opening. Item 4, identified as an infant papoose, is a shroud like covering that fits around the body of an infant. There are no openings or separations for the arms or legs. It includes hook-and-loop closures so that the sides can be folded around the body and secured closed, and the bottom can be folded up and secured closed, keeping the infant covered except for the face. Item 5, identified as a leg covering, is shaped roughly like a boot and measures approximately 35 inches in height by 16 inches at its greatest width. It is designed to fit over the foot and leg to a point above the knee and partly over the thigh of the patient. The top portion has a slit front opening that can be adjusted in width and secured with a hook-and-loop closure. The samples are being returned as you requested. However, please note that two of the samples were cut to verify the construction of the laminate material. The applicable subheading for the item identified as a blanket, when the plastic accounts for over 70 percent of the weight of the aluminized plastic/nonwoven textile laminate material, will be 3921.90.1100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics: other: combined with textile materials and weighing not more than 1.492 kg/m2: products with textile components in which man-made fibers predominate by weight over any other single textile fiber: over 70 percent by weight of plastics. The rate of duty will be 4.2 percent ad valorem. The applicable subheading for the item identified as a blanket, when the plastic component does not account for over 70 percent of the weight of the aluminized plastic/nonwoven textile laminate material, will be 3921.90.1500, HTSUS, which provides for other plates, sheets, film, foil and strip, of plastics: other: combined with textile materials and weighing not more than 1.492 kg/m2: products with textile components in which man-made fibers predominate by weight over any other single textile fiber: other. The rate of duty will be 6.3% ad valorem. The applicable subheading for the cap will be 6506.91.0060, HTSUS, which provides for other headgear, whether or not lined or trimmed: other: of rubber or plastics, other. The rate of duty will be Free. The applicable subheading for the infant papoose will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. The applicable subheading for the hand covering (“mitten”) and the leg covering will be 3926.20.9050, HTSUS, which provides for articles of apparel and clothing accessories…other: other, other. The rate of duty will be 5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division