NY 0867233 - The tariff classification of two surgical drapes, from Mexico. - United States International Trade Commision Rulings

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NY 867233

October 17, 1991

CLA-2-63:S:N:N3H:350 867233

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.6090

Mr. Ken W. Read
Baxter Healthcare Corp.
One Butterfield Trail
El Paso, TX 79906

RE: The tariff classification of two surgical drapes, from Mexico.

Dear Mr. Read:

In your letter dated September 18, 1991, you requested a tariff classification ruling.

Two representative types, known as Extremity Drape 29412 and Angiography Drape 29460, were submitted with your inquiry. These drapes are of a type that are used in operating rooms to cover the patient during specific operating procedures. You listed the component materials of these drapes as follows:

Extremity Drape (29412) Wt. Grams

Sontara Panel 249
Sontara Cord Holding Tabs 5
Plastic Panels (2) 182
Kraton Reinforcement 12
Reinforcement Pad (paper pulp and
1.75 mil polyethylene film) 99

Angiography Drape (29460)

Sontara Panel 115
Plastic Panels (2) 276
Catheter Pouch (4 mil polyethylene) 11
Reinforcement Pad (Delnet, nonwoven,and 1 mil polyethylene) 116
Miscellaneous (tape, liner, shield and label) 35

"Sontara", a major component of both of these drapes, is a product formed by combining a nonwoven textile and paper material, and due to its construction and the applicable General Rules of Interpretation, is itself, classifiable as a nonwoven material. As indicated above, both of these drapes are assembled from various components. These products are composite goods, and, therefore, a determination of essential character must be made.

Although weight can be a consideration in determining such, we are of the opinion that the "Sontara" component and the other nonwoven fabric elements are of equal importance to the plastic components as respects the end use of these products. Following GRI 3(c) which states that when you have a composite good consisting of two materials that both impart equally to the essential character of the product, you classify the product in the subheading of the tariff which occurs last.

In this case, that would mean that the applicable subheading for the two drapes will be 6307.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up articles, surgical drapes. The rate of duty will be 5.6 percent ad valorem.

Although you did not ask for partial duty exemption under item 9802.00.80,HTS, these drapes which were assembled in Mexico from components which are the product of the United States; may be elegible for a partial duty exemption. We would, however, require a detailed step by step description of the manufacturing and/ or assembly operation that takes place in both countries before we could rule on this issue.

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.

Sincerely,

Jean F. Maguire
Area Director

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