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HQ 084087


September 7, 1989

CLA-2 CO:R:C:G 084087 jlj 838346

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4050; 6206.30.3040; 6204.63.3530; 6206.40.3030

Mr. Gerald B. Horn
Soller, Singer & Horn
No. 10, The Mews
421 Hudson Street
New York, New York 10014

RE: Two-piece medical scrub suits; reconsideration of NYRL 835200, dated February 1, 1989

Dear Mr. Horn:

On behalf of your client Keilei International, you requested a reconsideration of New York letter 835200 of February 1, 1989, which classified two-piece surgical scrub suits. After a conference with Customs Headquarters personnel, you submitted another letter in support of your arguments.

FACTS:

The merchandise at issue is medical scrub suits imported from China. The sample submitted to our New York office with the previous inquiry was a 50 percent cotton, 50 percent polyester, woven, reversible, two-piece medical scrub suit. The top had a V-neck, short sleeves, a pocket at the chest area on either side, and a hemmed neck, sleeve cuffs and bottom. The pants had a drawstring at the waist, a rear pocket on either side, and a hemmed bottom.

New York letter 835200 classified both the top and the pants portions as parts of ensembles. If the top was in chief weight of cotton, it was classified under the provision for other cotton blouses and shirts in subheading 6204.22.3065, HTSUSA. If the pants were in chief weight of cotton, they were classified under the provision for other cotton trousers and breeches in subheading 6204.22.3040, HTSUSA. If the top was in chief weight of synthetic fibers, it was classified under the provision for other blouses and shirts of synthetic fibers, in subheading 6204.23.0055, HTSUSA. If the pants were in chief weight of synthetic fibers, they were classified under the provision for other trousers and breeches of synthetic fibers, in subheading 6204.23.0040, HTSUSA.

ISSUE:

What is the proper tariff classification of the medical scrub tops and pants?

LAW AND ANALYSIS:

Citing to the Explanatory Notes to Chapter 62, HTSUSA, you observe that ensembles must be put up for retail sale. You state that the instant scrub suits are sold in bulk directly to hospitals by the importer and that they are not put up for retail sale as required by the Explanatory Notes. Under these circumstances, we agree that the instant scrub suits are not ensembles.

You also argue that the Explanatory Notes for Headings 6211 and 6114 require that surgeons' protective attire be classified in Heading 6211. You provide a letter and articles from the Association of Operating Room Nurses, Inc., a copy of their recommended practices in the surgical suite and a copy of an article from their Journal to indicate that the scrub suits are protective attire intended to protect against infection. You further claim that, even if there is some conflict between Headings 6204 and 6211, General Rule of Interpretation (GRI) 3(c), HTSUSA, must be applied resulting in classification in Heading 6211. You claim that the instant scrub suits are classified under the provision for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of cotton: other: women's, in subheading 6211.42.0010, HTSUSA.

The Explanatory Notes for Heading 6211 state that "The provisions...of the Explanatory Note to Heading 6114 concerning other garments apply, mutatis mutandis, to the articles of this heading." Referring back to the Explanatory Notes to Heading 6114, we find the statement "This heading covers knitted or crocheted garments which are not included more specifically in the preceding headings of this Chapter." Applying this language to Heading 6211 means that Heading 6211 does not apply if the garments are covered more specifically in preceding headings than the Heading 6211 phrase "other garments." The garments are more specifically covered in Headings 6204 and 6206, therefore neither Heading 6211 nor GRI 3(c) would apply here.

If the pants are in chief weight of cotton, they are classified under the provision for women's or girls' suits, ensembles, suit-type jackets and blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts, of cotton: other: other: other: other, in subheading 6204.62.4050, HTSUSA, dutiable at the general rate of 17.7 percent ad valorem. Textile category 348 applies to merchandise classified in this subheading.

If the tops are in chief weight of cotton, they are classified under the provision for women's or girls' blouses, shirts and shirt-blouses: of cotton: other: other: other: women's, in subheading 6206.30.3040, HTSUSA, dutiable at the general rate of 16.4 percent ad valorem. Textile category 341 applies to merchandise classified in this subheading.

If the pants are in chief weight of synthetic fibers, they are classified under the provision for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: trousers and breeches: women's, in subheading 6204.63.3530, HTSUSA, dutiable at the general rate of 30.4 percent ad valorem. Textile category 648 applies to merchandise classified in this subheading.

If the tops are in chief weight of synthetic fibers, they are classified under the provision for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women's, in subheading 6206.40.3030, HTSUSA, dutiable at the general rate of 28.6 percent ad valorem. Textile category 641 applies to merchandise classified in this subheading.

HOLDING:

If in chief weight of cotton, the top is classified in subheading 6206.30.3040, HTSUSA, and the pants are classified in subheading 6204.62.4050, HTSUSA. If in chief weight of synthetic fibers, the top is classified in subheading 6206.40.3030, HTSUSA, and the pants are classified in subheading 6204.63.3530, HTSUSA. Inasmuch as New York letter 835200 no longer reflects the views of the United States Customs Service, it is modified under the provisions of 19 CFR

Sincerely,

John Durant, Director

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