HQ 084087: Two-piece medical scrub suits; reconsideration of NYRL 835200, dated February 1, 1989

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 084087

                                   September 7, 1989


            CLA-2 CO:R:C:G  084087 jlj 838346

            CATEGORY:  Classification

            TARIFF NO.:  6204.62.4050; 6206.30.3040; 6204.63.3530;
                         6206.40.3030

            Mr. Gerald B. Horn
            Soller, Singer & Horn
            No. 10, The Mews
            421 Hudson Street
            New York, New York  10014

            RE:  Two-piece medical scrub suits; reconsideration of
                 NYRL 835200, dated February 1, 1989

            Dear Mr. Horn:

                  On behalf of your client Keilei International, you
            requested a reconsideration of New York letter 835200 of
            February 1, 1989, which classified two-piece surgical scrub
            suits.  After a conference with Customs Headquarters personnel,
            you submitted another letter in support of your arguments.

            FACTS:

                 The merchandise at issue is medical scrub suits imported
            from China.  The sample submitted to our New York office with
            the previous inquiry was a 50 percent cotton, 50 percent
            polyester, woven, reversible, two-piece medical scrub suit.
            The top had a V-neck, short sleeves, a pocket at the chest area
            on either side, and a hemmed neck, sleeve cuffs and bottom.
            The pants had a drawstring at the waist, a rear pocket on
            either side, and a hemmed bottom.

                 New York letter 835200 classified both the top and the
            pants portions as parts of ensembles.  If the top was in chief
            weight of cotton, it was classified under the provision for
            other cotton blouses and shirts in subheading 6204.22.3065,
            HTSUSA.  If the pants were in chief weight of cotton, they were
            classified under the provision for other cotton trousers and
            breeches in subheading 6204.22.3040, HTSUSA.  If the top was in
            chief weight of synthetic fibers, it was classified under the
            provision for other blouses and shirts of synthetic fibers, in
            subheading 6204.23.0055, HTSUSA.  If the pants were in chief
            weight of synthetic fibers, they were classified under the
            provision for other trousers and breeches of synthetic fibers,
            in subheading 6204.23.0040, HTSUSA.











                                          -2-


            ISSUE:

                 What is the proper tariff classification of the medical
            scrub tops and pants?

            LAW AND ANALYSIS:

                 Citing to the Explanatory Notes to Chapter 62, HTSUSA, you
            observe that ensembles must be put up for retail sale.  You
            state that the instant scrub suits are sold in bulk directly to
            hospitals by the importer and that they are not put up for
            retail sale as required by the Explanatory Notes.  Under these
            circumstances, we agree that the instant scrub suits are not
            ensembles.

                 You also argue that the Explanatory Notes for Headings
            6211 and 6114 require that surgeons' protective attire be
            classified in Heading 6211.  You provide a letter and articles
            from the Association of Operating Room Nurses, Inc., a copy of
            their recommended practices in the surgical suite and a copy of
            an article from their Journal to indicate that the scrub suits
            are protective attire intended to protect against infection.
            You further claim that, even if there is some conflict between
            Headings 6204 and 6211, General Rule of Interpretation (GRI)
            3(c), HTSUSA, must be applied resulting in classification in
            Heading 6211.  You claim that the instant scrub suits are
            classified under the provision for track suits, ski-suits and
            swimwear; other garments: other garments, women's or girls': of
            cotton: other: women's, in subheading 6211.42.0010, HTSUSA.

                 The Explanatory Notes for Heading 6211 state that "The
            provisions...of the Explanatory Note to Heading 6114 concerning
            other garments apply, mutatis mutandis, to the articles of this
            heading."  Referring back to the Explanatory Notes to Heading
            6114, we find the statement "This heading covers knitted or
            crocheted garments which are not included more specifically in
            the preceding headings of this Chapter."  Applying this
            language to Heading 6211 means that Heading 6211 does not apply
            if the garments are covered more specifically in preceding
            headings than the Heading 6211 phrase "other garments." The
            garments are more specifically covered in Headings 6204 and
            6206, therefore neither Heading 6211 nor GRI 3(c) would apply
            here.


















                                          -3-


                 If the pants are in chief weight of cotton, they are
            classified under the provision for women's or girls' suits,
            ensembles, suit-type jackets and blazers, dresses, skirts,
            divided skirts, trousers, bib and brace overalls, breeches and
            shorts (other than swimwear): trousers, bib and brace overalls,
            breeches and shorts, of cotton: other: other: other: other, in
            subheading 6204.62.4050, HTSUSA, dutiable at the general rate
            of 17.7 percent ad valorem.  Textile category 348 applies to
            merchandise classified in this subheading.

                 If the tops are in chief weight of cotton, they are
            classified under the provision for women's or girls' blouses,
            shirts and shirt-blouses: of cotton: other: other: other:
            women's, in subheading 6206.30.3040, HTSUSA, dutiable at the
            general rate of 16.4 percent ad valorem.  Textile category 341
            applies to merchandise classified in this subheading.

                 If the pants are in chief weight of synthetic fibers, they
            are classified under the provision for women's or girls' suits,
            ensembles, suit-type jackets, blazers, dresses, skirts, divided
            skirts, trousers, bib and brace overalls, breeches and shorts
            (other than swimwear): trousers, bib and brace overalls,
            breeches and shorts: of synthetic fibers: other: other: other:
            other: other: trousers and breeches: women's, in subheading
            6204.63.3530, HTSUSA, dutiable at the general rate of 30.4
            percent ad valorem.  Textile category 648 applies to
            merchandise classified in this subheading.

                 If the tops are in chief weight of synthetic fibers, they
            are classified under the provision for women's or girls'
            blouses, shirts and shirt-blouses: of man-made fibers: other:
            other: other: women's, in subheading 6206.40.3030, HTSUSA,
            dutiable at the general rate of 28.6 percent ad valorem.
            Textile category 641 applies to merchandise classified in this
            subheading.

            HOLDING:

                 If in chief weight of cotton, the top is classified in
            subheading 6206.30.3040, HTSUSA, and the pants are classified
            in subheading 6204.62.4050, HTSUSA.  If in chief weight of
            synthetic fibers, the top is classified in subheading
            6206.40.3030, HTSUSA, and the pants are classified in
            subheading 6204.63.3530, HTSUSA. Inasmuch as New York
            letter 835200 no longer reflects the views of the United States
            Customs Service, it is modified under the provisions of 19 CFR
            177.9(d)(1).

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division


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