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NY 809324

April 28, 1995

CLA-2-63:S:N:N6:345 809324


TARIFF NO.: 6307.90.9989; 5512.91.0040

Mr. Baosheng Lee
Isolyser Company, Inc.
4320 International Boulevard, NW
Norcross, Georgia 30093

RE: The tariff classification of laparotomy sponges and a cheesecloth from Peoples Republic of China.

Dear Mr. Lee:

In your letter dated April 10, 1995, you requested a classification ruling.

The samples submitted are laparotomy sponges and a cheesecloth. The laparotomy sponges are made of plain loosely woven fabric composed of 100 percent polyvinyl alcohol fibers. The laparotomy sponges are folded and stitched along all four sides, through the center lengthwise and through the center widthwise. Each has a woven fabric loop and a barium strip sewn into one corner. They measure approximately 27 centimeters by 23 centimeters. After importation the laparotomy sponges will be repacked in the united States.

The cheesecloth is made of plain loosely woven fabric composed of 100 percent polyvinyl alcohol fibers and measures approximately 36.5 centimeters by 36 centimeters.

You believe that the above articles should be classifiable under subheading 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics. The samples, however, are composed of a textile material and are precluded from classification in heading 3926.

The applicable subheading for the laparotomy sponges will be 6307.90.9989, (HTS), which provides for other made up articles...Other: Other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the cheesecloth will be 5512.91.0040, HTS, which provided for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers: Other: Unbleached or bleached, cheesecloth; lawns, voiles or batistes. The duty rate will be 16.8 percent ad valorem.

The cheesecloth falls within textile category designation 226 Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport

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