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HQ 087351


September 27, 1990

CLA-2 CO:R:C:G 087351 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.2000

Ms. Gillette Burns
BOSS
P.O. Box 1407
Del Rio, Texas 78841-1407

RE: Modification of NYRL 846981; Classification of surgical gowns from Mexico

Dear Ms. Burns:

This ruling is to modify NYRL 846981 issued to you on November 21, 1989.

FACTS:

NYRL 846981 classified surgical gowns made of sontara in subheading 6210.10.4010, HTSUSA, as garments, made up of fabrics of heading 5602 or 5603, other, nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas. Subsequently, HRL 086629 was issued on May 4, 1990, classifying various articles made from sontara. The ruling stated Customs opinion that the sontara manufacturing process qualifies sontara as a fabric formed on a base of paper.

ISSUE:

Modification of the classification of the surgical gowns of sontara in NYRL 846981 to reflect Customs view that sontara is a fabric formed on a base of paper.

HOLDING:

Since Customs has taken the view that sontara is a fabric formed on a base of paper, the surgical garments made of sontara classified in NYRL 846981 under subheading 6210.10.40, HTSUSA, are more specifically classified under subheading 6210.10.20,

HTSUSA, as garments, made up of fabrics of heading 5602 or 5603, of fabrics formed on a base of paper. Pursuant to 19 CFR 177.9(d), NYRL 846981 of November 21, 1989, is hereby modified as to the classification of the surgical garments at issue there. The surgical garments are classified in subheading 6210.10.2000, HTSUSA, and are subject to duty at a rate of 5.6 percent ad valorem.

We recognize that pending transactions may be adversely affected by this modification. If such a situation arises, you may, at your discretion, notify this office and apply for temporary relief from the binding effects of this ruling as may be dictated by the circumstances.

Sincerely,

John Durant, Director
Commercial Rulings Division

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