HQ 087351: Modification of NYRL 846981; Classification of surgical gowns from Mexico

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 087351

                       September 27, 1990


CLA-2 CO:R:C:G  087351  CMR

CATEGORY: Classification

TARIFF NO.: 6210.10.2000

Ms. Gillette Burns
BOSS
P.O. Box 1407
Del Rio, Texas 78841-1407

RE: Modification of NYRL 846981; Classification of surgical gowns
    from Mexico

Dear Ms. Burns:

     This ruling is to modify NYRL 846981 issued to you on
November 21, 1989.

FACTS:

     NYRL 846981 classified surgical gowns made of sontara in
subheading 6210.10.4010, HTSUSA, as garments, made up of fabrics
of heading 5602 or 5603, other, nonwoven disposable apparel
designed for use in hospitals, clinics, laboratories or
contaminated areas.  Subsequently, HRL 086629 was issued on May
4, 1990, classifying various articles made from sontara.  The
ruling stated Customs opinion that the sontara manufacturing
process qualifies sontara as a fabric formed on a base of paper.

ISSUE:

     Modification of the classification of the surgical gowns of
sontara in NYRL 846981 to reflect Customs view that sontara is a
fabric formed on a base of paper.

HOLDING:

     Since Customs has taken the view that sontara is a fabric
formed on a base of paper, the surgical garments made of sontara
classified in NYRL 846981 under subheading 6210.10.40, HTSUSA,
are more specifically classified under subheading 6210.10.20,
                               -2-


HTSUSA, as garments, made up of fabrics of heading 5602 or 5603,
of fabrics formed on a base of paper.  Pursuant to 19 CFR
177.9(d), NYRL 846981 of November 21, 1989, is hereby modified
as to the classification of the surgical garments at issue there.
The surgical garments are classified in subheading 6210.10.2000,
HTSUSA, and are subject to duty at a rate of 5.6 percent ad
valorem.

       We recognize that pending transactions may be adversely
affected by this modification.  If such a situation arises, you
may, at your discretion, notify this office and apply for
temporary relief from the binding effects of this ruling as may
be dictated by the circumstances.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division