The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of a unisex surgical gown from El Salvador

N315986 December 3, 2020 CLA-2-61:OT:RR:NC:N3:357 CATEGORY: Classification TARIFF NO.: 6113.00.9086 Ms. BJ Shannon Alston and Bird LLP 950 F Street NW Washington, DC  20004 RE:      The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of a unisex surgical gown from El Salvador Dear Ms. Shannon: In your letter dated November 18, 2020, you requested a tariff classification on behalf of your client, Co Expo, Ltd. The sample will be retained. Style ProMax is a unisex surgical gown constructed from both knit and woven components.  The front of the gown is constructed from a three-layer laminate fabric consisting of an outer layer of 100% polyester knit fabric, a middle layer of polyurethane film, and an inner layer of 100% polyester knit fabric. The fabric is designed to provide protection from airborne bacteria, blood, and bodily fluids. The polyurethane film is visible when the fabric is cut at a 90 degree angle and examined in cross section.  For added protection, the sleeves are constructed from two fabrics. The outer fabric is a 100% polyester knit fabric laminated to a polyurethane film.  The plastic is visible from the backside of the fabric.  The inner layer of the sleeves is identical in construction to the 3-layer laminate fabric used on the front of the gown. The yoke of the gown and the back panels are constructed from 100% polyester woven fabric. The three-layer polyester knit laminate fabric imparts the essential character.  The full-length gown features a crew neck, long sleeves with ribbed knit cuffs, and a hemmed bottom. The garment’s full back opening secures with snaps at the neck and ties at the waist. The applicable subheading for style ProMax surgical gown will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Other: Other: Women’s or girls’. The rate of duty will be 7.1 percent ad valorem. The manufacturing process for the ProMax surgical gown is as follows: The 100% polyester knit three-layer laminate fabric used to manufacture the front body and inner sleeves of the gown is knit in the United States from yarn which is formed and finished in the United States and Korea. The 100% polyester knit two-layer laminate fabric used to manufacture the outer sleeves of the gown is knit in the United States from yarn which is formed and finished in the United States and Korea. The 100% woven fabric used to construct the front yoke is made in China. The 100% woven fabric used to construct the back panels is made in China. The sewing thread used to assemble the garments is formed and finished in Costa Rica. The snaps are of United States origin. The twill tape, bias binding, knit cuffs, and labels are of foreign origin. The garment fabric is cut and assembled in El Salvador. The garments will be shipped directly from a DR-CAFTA territory to the United States. General Note 29(b), HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if— (i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement; (ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and— (A) each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or (B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;and the good satisfies all other applicable requirements of this note; or (iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials. Since the garment contains non-originating materials, it is required to undergo an applicable change in tariff classification to meet the requirements of GN 29(b)(ii)(A). For goods classified in Chapter 61, General Note 29(n), Chapter 61, Chapter rule 2 states in pertinent part:             For purposes of determining whether a good of this chapter is originating, the rule applicable to that good shall only apply to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in the rule for that good. For garments classified in heading 6113, General Note 29(n) 61.37 requires: A change to any other good of heading 6113 from any other chapter, except from headings 5111 through 5113, 5204 through 5212, 5310 through 5311, chapter 54, headings 5508 through 5516 or 6001 through 6006, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties. The component that determines the classification of the surgical gown is the polyester three-layer laminate fabric. The laminated fabric is classified under heading 5903, HTSUS, and undergoes the applicable change in tariff classification specified in General Note 29(n) 61.37. In addition to meeting the commodity specific rules above, the DR-CAFTA chapter rules for sewing thread must also be satisfied for each garment.  General Note 29(n), Chapter 61, Chapter rule 4 states in pertinent part: Notwithstanding chapter rule 2 to this chapter, a good of this chapter, containing sewing thread of headings 5204, 5401, and 5508 or yarn of 5402 used as sewing thread shall be considered originating only if such sewing thread is both formed from yarns and finished in the territory of one or more of the parties to the Agreement. You state the polyester thread used for assembly is classified under heading 5508 and is formed and finished in Costa Rica, one of the parties to the Agreement. Based on the facts provided, the garments will qualify for DR-CAFTA preferential treatment because they meet the requirements of HTSUS General Note 29(b)(ii)(A).  The garments are therefore entitled to a free rate of duty under the DR-CAFTA upon compliance with all applicable laws, regulations, and agreements.  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 the World Wide Web at https://hts.usitc.gov/current. 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 Deanna Boldt via email at deanna.m.boldt@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division