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NY B85772




June 12, 1997

CLA-2-62:RR:NC:3:353 B85772

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000

Mr. Jack Flynn
Rudolph Miles & Sons Inc.
4950 Gateway East
P.O. Box 11057
El Paso, Texas 79983

RE: The tariff classification of a disposable hospital gown from Mexico.

Dear Mr. Flynn:

In your letter dated May 27, 1997, on behalf of Johnson & Johnson Medical Inc., you requested a tariff classification ruling.

The submitted sample is a disposable non woven hospital gown, which you state to consist of thermally point bonded laminate of spunbonded-melt, blown spunbonded polypropylene. You state that the gown is specially designed to act as a barrier, and to protect the wearer from contact with fluids, such as blood or other body fluids, expelled during invasive surgery procedures. The gown is specially designed for use in hospitals and surgical clinics to protect the wearer from contamination during surgery. The garment's design features include a full back opening with a tie at the back of the waist, three plastic snaps at the back of the neck, and fabric knit cuffs at the wrists.

The applicable tariff provision for the disposable gown will be 6210.10.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas. The general rate of duty will be 4.4% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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