HQ 084362

August 11, 1989

CLA-2 CO:R:C:G 084362 JLJ 839674

CATEGORY: Classification

TARIFF NO.: 6210.10.4010, 9902.62.10

Ms. Soraya Ellison, Import Dept.

Lucios & Lucios, Inc.,

1775 N.W. 70th Avenue

Miami, Florida 33126

RE: Tariff classification of a disposable surgical

gown of Sontara

Dear Ms. Ellison:

On behalf of your client, Bolden Products, Inc., you request

a tariff classification for a disposable surgical gown made of

Sontara. The material is of United States origin. The

manufacturer wants to have the fabric cut and stitched in the

Dominican Republic. You submitted a sample along with your

letter.

FACTS:

The sample submitted is 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 patented water jet spray. The final product is 45 percent

plus or minus 2 percent polyester by weight and 55 percent plus

or minus 2 percent wood pulp by weight.

The sample submitted is a sealed plastic package containing

a large sterile surgical back gown and a hand towel. The package

says \"Contents of the unopened, undamaged package are sterile.\"

ISSUE:

What is the tariff classification of the surgical gown under

the Harmonized Tariff Shedule of the United States (HTSUSA)?

-2-

LAW AND ANALYSIS:

The material of the gown in question is Sontara, a two layer

product composed of a layer of wood pulp fiber (i.e., paper)

combined with a layer of polyester fiber batt (i.e., a nonwoven

textile). As such, Sontara is a composite good within the

purview of General Rule of Interpretation (GRI) 3, HTSUSA. GRI

3, HTSUSA, reads as follows:

When, by application of rule 2(b) or for any other

reason, goods are, prima facie, classifiable under two

or more headings, classification shall be effected as

follows:

\(a\) The heading which provides the most specific

description shall be preferred to headings providing a

more general description. However, when two or more

headings each refer to part only of the materials or

substances contained in mixed or composite goods or to

part only of the items in a set put up for retail

sale, those headings are to be regarded as equally

specific in relation to those goods, even if one of

them gives a more complete or precise description of

the goods.

\(b\) Mixtures, composite goods consisting of different

components, and goods put up in sets for retail sale,

which cannot be classified by reference to 3(a), shall

be classified as if they consisted of the material or

component which gives them their essential character,

insofar as this criterion is applicable.

\(c\) When goods cannot be classified by reference to 3(a)

or 3(b), they shall be classified under the heading

which occurs last in numerical order among those which

equally merit consideration.

GRI 3(a) does not apply, because both Heading 4818 (articles

of paper apparel) and Heading 6210 (garments made up of nonwoven

fabrics) refer to only part of the materials contained in the

composite good; therefore, they are considered to be equally

specific.

GRI 3(b) says that if composite goods cannot be classified

under GRI 3(b), they shall be classified as if they consisted of

that material which gives them their essential character. In

this regard, we believe that neither the paper nor the nonwoven

\- 3 -

fabric imparts the essential character to the merchandise. Both

are present in substantial quantity and value. Each is necessary

to the use and function of the article. Accordingly, the instant

surgical gown cannot be classified in accordance with GRI 3(b),

either.

GRI 3(c) provides that when goods cannot be classified by

reference to GRI 3(a) or GRI 3(b), they shall be classified under

the heading which appears last in numerical order among those

being considered. Between Heading 4818 and Heading 6210, HTSUSA,

Heading 6210 is the last in numerical order; therefore, it is the

applicable heading under GRI 3(c), HTSUSA.

The polyester fiber batt is classifiable as a nonwoven

textile material in Heading 5603, HTSUSA. The instant surgical

gown is therefore classifiable under the provision for garments,

made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: of

fabrics of heading 5602 or 5603: other: nonwoven disposable

apparel designed for use in hospitals, clinics, laboratories or

contaminated areas, in subheading 6210.10.4010, HTSUSA, dutiable

at the rate of 17 percent ad valorem. If the surgical gown is

sterilized or in immediate packing ready for sterilization, it

may be eligible for a 5.6 percent ad valorem duty rate under

subheading 9902.62.10, HTSUSA, which provides for bonded fiber

fabric disposable gowns, sterilized or in immediate packings

ready for sterilization, for use in performing surgical

procedures, of man-made fibers.

This surgical gown may qualify for duty-free treatment under

the Caribbean Basin Economic Recovery Act (CBERA) provided it

meets the requirements set forth in that act. The Customs

Service would need to know the costs of all materials and

processing and where these costs occurred before a decision could

be reached.

HOLDING:

The instant surgical gown of Sontara is classified in

subheading 6210.10.4010, HTSUSA.

Sincerely,

John Durant, Director

Commercial Rulings Division

Jones library 084362JLJ

6cc: A.D., N.Y. Seaport (NIS-353)

1cc: CITA, Dept. of Commerce

1cc: Phil Robins

1cc: Myles Harmon, International Nomenclature

JLJohnson:tj:typed 8/10/89