HQ 0952937 - Spun-bonded fabric; disposable medical apparel; men's pants and tops; ladies dresses; gowns; lab coats; jumpsuits; heading 6210; subheading 9902.62.10; HRL 950719 - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0952904 - HQ 0952997 > HQ 0952937

HQ 952937

March 2, 1993

CLA-2 CO:R:C:T 952937 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.4010

Ms. Ann M. Williams
A.N. Deringer, Inc.
30 West Service Road
Champlain, NY 12919-9703

RE: Spun-bonded fabric; disposable medical apparel; men's pants and tops; ladies dresses; gowns; lab coats; jumpsuits; heading 6210; subheading 9902.62.10; HRL 950719

Dear Ms. Williams:

This is in response to your letter dated November 16, 1992, on behalf of your clients, Marimac Inc., and MedSafe U.S.A. Inc., in which you requested a reconsideration of DD 878029 dated October 1, 1992. Specifically, you request a ruling on the applicability of subheading 9902.62.10, Harmonized Tariff Schedule of the United States (HTSUS), to the disposable apparel made for the medical industry that was the subject of DD 878029. Literature on the subject apparel was submitted for our review.

FACTS:

The articles at issue are all disposable garments made from a spun-bonded polypropylene material. The apparel is especially made for the medical industry to comply with the new OSHA regulations regarding the use of fluid barrier garments.

Each of the items is a loose-fitting functional garment designed to protect the wearer from a variety of fluid contaminants. They are intended to be worn in the hospital environment. Ruling DD 878029 described the garments under consideration as: a pair of men's pants, a lady's dress, a lab coat, a jumpsuit and a man's top. The apparel was classified in subheading 6210.10.4010, HTSUS, which provides for "[g]arments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: [o]f fabrics of heading 5602 or 5603: [o]ther: [n]onwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas."

It is your position that the garments are classifiable in subheading 9902.62.10, HTSUS, which provides for "[s]punlaced 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)." Articles that are eligible for classification in this subheading and that originate in the territory of Canada, in accordance with the United States Canada Free Trade Agreement (CFTA), are entitled to entry free of duty.

ISSUE:

Whether the subject apparel is classifiable under subheading 6210.10.4010, HTSUS, or in subheading 9902.62.10, HTSUS?

LAW AND ANALYSIS:

The classification of goods under the HTSUS is governed by 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. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

Heading 9902, HTSUS, 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, HTSUS, provides for "[s]punlaced 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, there are specific prerequisites that need be meet:

1) the article must be comprised of spunlaced or bonded fiber fabric;

2) the article must be disposable;

3) the article must be a gown;

4) the article must be of manmade fibers;

5) the article must be intended for use during surgical procedures; and

6) the article must be provided for in subheading 6210.10.40, HTSUS.

The subject garments are made of spun-bonded fiber manmade fabric, they are disposable and they are provided for in subheading 6210.10.40, HTSUS. However, with the exception of the dress, the garments at issue are not gowns. Moreover, all of the subject garments, including the dress, are not intended for use during surgical procedures but for general hospital use. Therefore, all the garments do not meet requirement #5. In order for classification to be proper under subheading 9902.62.10, HTSUS, all the aforementioned criteria need be met. As these garments do not meet all the criteria, Customs is precluded from classifying these articles under subheading 9902.62.10, HTSUS. See, Headquarters Ruling Letter 950719, dated December 31, 1991, in which a nonwoven unisex top and pants that were comprised of spunlaced or bonded fiber fabric were classified in subheading 6210.10.40, HTSUS. Though these articles were made of the requisite materials, were disposable and intended to be worn during surgical procedures, they were not gowns. Therefore, they were not classifiable in subheading 9902.62.10, HTSUS.

Finally, we note that Customs cannot unilaterally change the scope of subheading 9902.62.10, HTSUS, to include pants, tops, lab coats and jumpsuits within the definition of "gowns". Change in this area must be effected by means of legislative action.

HOLDING:

DD 878029 is hereby affirmed. The subject garments are classified in subheading 6210.10.4010, HTSUS, which provides for "[g]arments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: [o]f fabrics of heading 5602 or 5603: [o]ther: [n]onwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas." The rate of duty is 17 percent ad valorem. Articles classified in this subheading that originate in the territory of Canada are entitled to a 8.5 percent ad valorem rate of duty under the CFTA, upon compliance with all applicable regulations.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling