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NY 883919

April 13, 1993

CLA-2-39:S:N:N6:221 883919


TARIFF NO.: 3926.90.9590

Mr. Jeffrey H. Pfeffer
Fritz Companies, Inc.
40 Exchange Place, 12th Floor
New York, NY 10005

RE: The tariff classification of surgical drapes and pouches from the Dominican Republic.

Dear Mr. Pfeffer:

In your letter dated March 15, 1993, on behalf of Microtek Medical Inc., you requested a tariff classification ruling.

You state that two of the products, the banded bags and the Peri/OB drape, are made of plastics. The other drapes are all made of a nonwoven fabric. The plastic banded bags are disposable bags with a rubber band sealed in the open end of the bag, and are used to cover non-sterile items in the operating room. The other products are all surgical drapes, used for the collection and sanitary disposal of body fluids and irrigation associated with surgical procedures. The three samples submitted with your request, craniotomy drape 38868, C-birth drape 3736 and arthroscope drape 3904, are all made of a nonwoven material.

The applicable subheading for the plastic banded bags and the plastic Peri/OB drapes will be 3926.90.9590, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Articles classifiable under subheading 3926.90.9590, HTS, which are products of the Dominican Republic, are entitled to duty free treatment under the Generalized System of Preferences (GSP) and the Caribbean Basin Initiative (CBI) upon compliance with all applicable regulations.

You question whether the merchandise is entitled to duty- free treatment pursuant to U.S. Note 2(b), subchapter II, Chapter 98, of the HTS. This note provides for the duty free treatment of articles, other than certain excluded articles, which are assembled or processed in a Caribbean Basin Economic Recovery Act beneficiary country, wholly of fabricated components or ingredients (except water) of U.S. origin. As long as only U.S. origin components are used during the foreign manufacturing operation, and the applicable documentation requirements are satisfied, the plastic pouches and plastic surgical drapes may enter the United States free of duty pursuant to Note 2(b) of subchapter II, Chapter 98, HTS.

You also request a ruling on the country of origin marking requirements. Unless excepted by law, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) be legibly and conspicuously marked to indicate the country of origin to the ultimate purchaser in the United States. Products manufactured in the Dominican Republic from materials produced in the United States are considered to be products of the Dominican Republic for purposes of the marking requirements, and must be marked as such unless exempted. Marking with a label stating "Made in the Dominican Republic" as you suggest would satisfy the marking requirements, as long as the label is securely affixed and is in a conspicuous location. If the product is made entirely of materials of United States origin, that may be disclosed by using a legend such as "Made in the Dominican Republic from material of U.S. origin," or a similar phrase.

You question whether these products may be excepted from the marking requirements if they satisfy the requirements of U.S. Note 2(b), since that note directs that eligible products are not to be treated as foreign articles. As long as the plastic banded bags and plastic surgical drapes meet the requirements of Note 2(b) to Subchapter II, Chapter 98, HTS, they need not be marked with the Caribbean country of processing.

Your inquiry does not provide enough information for us to give a classification or marking ruling on the drapes made of nonwoven fabric. Your request for a ruling should include a detailed description of how the fabric is made, specifying the type of machinery used. You should include a breakdown identifying and giving separate weights for each component in the fabric. The breakdown should list any bonding materials used in the fabric. Please indicate the name of the manufacturer of the fabric.

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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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