HQ 086260: Disposable operating gown; modification of Custom Headquarters Ruling Letter (HRL) 081950a

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 086260

                                    April 26, 1990


            CLA-2 CO:R:C:G  086260 JLJ

            CATEGORY: Classification

            TARIFF NO.: 4818.50.00, 4818.90.00

            Ms. Lynn Baker
            Katten, Muchin & Zavis
            525 West Monroe Street, Suite 1600
            Chicago, Illinois  60603-3693

            RE:  Disposable operating gown; modification of
                 Custom Headquarters Ruling Letter (HRL) 081950a

            Dear Ms. Baker:

                 In your letter  of January 8, 1990,  you requested a
            clarification of HRL 081950a of December 29, 1989.

            FACTS:

                 HRL 081950a classified a disposable operating gown in
            subheading 4818.90.00, Harmonized Tariff Schedule of the
            United States Annotated (HTSUSA).  You state that this seems
            to be a clerical error in that subheading 4818.50.00, HTSUSA,
            actually is correct for a paper article of apparel.

            ISSUE:

                 Was the classification of the disposable operating gown
            in subheading 4818.90.00, HTSUSA, a typographical error?

            LAW AND ANALYSIS:

                 Upon reviewing HRL 081950a and referring back to the
            merchandise (a disposable operating gown), we have concluded
            that a typographical error did occur.






















                                          -2-


                 Inasmuch as the operating gown is an article of apparel
            which is considered, for tariff purposes, to be composed of
            paper, it is correctly classified under the provision for
            articles of apparel, of paper: articles of apparel, in
            subheading 4818.50.00, HTSUSA, dutiable at the rate of 5.6
            percent ad valorem.

            HOLDING:

                 The disposable operating gown considered in HRL 081950a
            is classified in subheading 4818.50.00, HTSUSA.
            HRL 081950a is modified accordingly.

                                        Sincerely,




                                        Jerry Laderberg
                                        Acting Director
                                        Commercial Rulings Division








































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            hensley library
            086260JLJ