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HQ 082556


November 21, 1988

CLA-2 CO:R:C:G 082556 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9000

Mr. Jack Alsup
Alsup and Associates
P.O. Box 1251
Del Rio, Texas 78841

RE: Ruling request for classification of a surgical towel

Dear Mr. Alsup:

This is in response to your letter of May 20, 1987, on behalf of your client Anago, Inc., requesting a ruling on the classifi- cation of a surgical towel from China.

FACTS:

The merchandise at issue is a surgical towel. The towel is made of 100 percent cotton woven fabric. It measures approxi- mately 16 by 27 and 1/2 inches and is shipped sealed in a sterile surgical pack.

The towel is designed, made, and shipped specifically for a medical use in operating rooms. The towel is used to absorb fluids in and around the surgical cavity. It also serves to provide a sterile field for surgical instruments.

Despite its designated use, the surgical towel is classifi- able with bath and kitchen towels under the current tariff sche- dule since there is no other more specific provision into which it may be classified. In Headquarters Ruling Letter (HRL) 077532 of February 6, 1986, and HRL 078018 of April 15, 1986, Customs classified practically identical articles as towels under the provision for other furnishings, not ornamented, of cotton, other, towels, not jacquard-figured, . . ., item 366.26, Tariff Schedules of the United States, textile category 369. We believe this article is likewise classified. It is subject to duty at a rate of 10.5 percent ad valorem.

The Harmonized Tariff Schedule of the United States Annotated (HTSUSA) does not contain a specific provision for surgical towels. Surgical towels are therefore classified under the provision for other made up articles, . . ., other, other in subheading 6307.90.9000, dutiable at 7 percent ad valorem.

HOLDING:

The submitted surgical towel is classified in item 366.2600, Tariff Schedules of the United States Annotated, textile category 369, dutiable at 10.5 percent ad valorem.

Under the HTSUSA, the surgical towel is classified in subheading 6307.90.9000, HTSUSA, dutiable at 7 percent ad valorem. This classification represents the present position of the Customs Service. Please be advised that the Committee for the Implementation of Textile Agreements (CITA) is contemplating a change in the HTSUSA prior to its effective date which will affect this subheading at the statistical level and will include the addition of a textile category number. If there are changes before the HTSUSA becomes effective on January 1, 1989, this advice may no longer be applicable.

Sincerely,

John Durant, Director
Commercial Rulings Division

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