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HQ 087768


December 5, 1990

CLA-2 CO:R:C:G 087768 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.2000

Mr. Robert L. Hunter
President
Intermark Associates, Inc.
12684 Muirfield Blvd., N.
Jacksonville, FL 32225

RE: Classification of disposable wearing apparel made of Sontara; polyester fiber imparts essential character; garments classifiable in Heading 6210

Dear Mr. Hunter:

This letter is in response to your inquiry of August 12, 1990, requesting tariff classification of disposable wearing apparel. A sample of the material used to make the garments at issue was submitted for examination.

FACTS:

According to your submissions, three articles of disposable wearing apparel will be imported: athletic shorts, bath robes, and rain jackets. All of these articles are made of Sontara, which is a nonwoven material composed of 55 percent wood pulp and 45 percent polyester staple fibers. This material is said to be water repellent.

You state that this material is made in the United States. You plan to send this material on rolls to China, where it will be cut and sewn to make the finished articles. You ask whether these goods will qualify for treatment under subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

ISSUE:

Whether the merchandise at issue is classifiable as articles of paper in Heading 4807, HTSUSA, or as textile articles in Heading 6210, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with 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.

The submitted merchandise has two layers; one layer is made of a polyester fiber batt, and the other layer is made of wood pulp paper. The polyester and the paper would be considered separate components, and, therefore, GRI 3(b) is applicable. GRI 3(b) provides that goods made up of different components shall be classified as if they consisted of the material or component which gives them their essential character.

In Headquarters Ruling Letter (HRL) 086629, dated May 4, 1990, we classified garments made of the same material as that used to make the garments at issue in this case. We ruled in HRL 086629 that the essential character of that material was provided by the polyester fiber batt. Accordingly, those garments were classified in Heading 6210 as garments made of fabrics of Heading 5603, HTSUSA. The applicable subheading was 6210.10.2000, HTSUSA, which provides for garments made of fabrics formed on a base of paper. Therefore the garments at issue are classified under subheading 6210.10.2000.

HOLDING:

The merchandise at issue is classified under subheading 6210.10.2000, HTSUSA, which provides for garments, made up of fabrics of Heading 5602, 5603, 5903, 5906 or 5907, of fabrics of Heading 5602 or 5603, of fabrics formed on a base of paper or covered or lined with paper. The rate of duty is 5.6 percent ad valorem.

Your question regarding qualification of the goods under 9802.00.80, HTSUSA, (807.00, TSUS) has been forwarded to our Value and Special Admissibility Branch for reply.

Sincerely,

John Durant, Director

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