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NY D84608




December 14, 1998

CLA-2-52:RR:NC:TA:352 D84608

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 5210.31.4040; 6307.90.9989

Mr. John A. Edmondson
MedSystems International
2362 James Drive
Pittsburgh, PA 15237

RE: The tariff classification of a patient's hospital gown, a dyed woven fabric and a woven fabric surgical wrapper from Pakistan.

Dear Mr. Edmondson:

In your letter received in this office on November 9, 1998 you requested a classification ruling.

Three samples accompanied your request for a ruling. The first, described as a surgical wrapper, is a woven cover used to wrap surgical instruments to protect them from airborne contamination during surgical procedures. These wrappers are manufactured from plain woven fabric and measure approximately 45" X 40" and are characterized by rounded corners. The fabric has been prevented from unravelling by capping the edges of the wrap with a woven strip of fabric.

The second sample is a patient's hospital gown made from plain woven fabric which has been printed with a design. The gown is composed of 55% cotton and 45% polyester and extends from the neck to the knee. It is characterized by short sleeves and full back opening with tie closures at the neck and waist. This garment is designed for use by both men and women.

The third sample is a dyed plain woven fabric composed of 55% cotton and 45% staple polyester. It is constructed using 26/1 c.c. yarns in both the warp and the filling. This product contains 26.8 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. Laboratory analysis indicates that this fabric weighs 125.6 g/m2. Although the width of the fabric was not specified, it is assumed that this product will be imported in widths exceeding 30 centimeters. Based on the information provided and the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 40 in the metric system.

The applicable subheading for the surgical wrapper will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns, other ,other, other, other, other. The duty rate will be 7 percent ad valorem in both 1998 and 1999.

The applicable subheading for the patient gown will be 6211.42.0081 Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, other garments, women's or girls', of cotton, other. The duty rate will be 16.6 percent ad valorem in 1998 and 8.4 percent ad valorem in 1999.

The applicable subheading for the dyed plain woven fabric will be 5210.31.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, dyed, plain weave, of number 42 or lower number, sheeting. The duty rate will be 10.2 percent ad valorem in both 1998 and 1999.

The hospital gown falls within textile category designation 359. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

The dyed woven fabric falls within textile category designation 313. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

At the present time the surgical wrap is not subject to either quota restraints or visa requirements.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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