CLA-2-62:RR:NC:3:353 E82610
Mr./Ms. Ram Ajjarapu
Global Exim, Inc.
15310 Amberly Drive, Suite 360
Tampa, FL 33647
RE: The tariff classification of a disposable gown, surgeon’s cap, surgical mask and shoe cover from India and Dubai.
Dear Mr./Ms. Ajjarapu:
In your letter dated May 25, 1999 you requested a tariff classification ruling.
The submitted samples are a disposable gown, surgeon’s cap, surgical mask and shoe cover consisting of nonwoven 100% spunbonded polypropylene fabric.
The disposable gown has long sleeves with knit cuffs, two front pockets, a full back opening with a hook and loop closure at the neck and self-tie at the waist. The disposable surgeon’s cap resembles a shower cap with an elastic opening. The disposable surgical mask measures 3 ½ x 7 inches and has self-ties. The disposable shoe cover has a seam on the bottom with elastic at the opening.
The applicable subheading for the disposable gown will be 6210.10.5000, Harmonized Tariff Schedule of the United States (HTS), 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 rate of duty will be 3.1% ad valorem.
The applicable subheading for the disposable surgeon’s cap will be 6505.90.8015, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Other: Not in part of braid... Nonwoven disposable head-gear without peaks or visors.” The rate of duty will be 20.4 cents per kilogram plus 7.4% ad valorem.
The applicable subheading for the disposable surgical mask and shoe cover 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 rate of duty will be 7% ad valorem.
Based upon international textile agreements, the merchandise classified above is not subject to quota or the requirement of a visa.
With regard to your question concerning the country of origin and quota status of plastic pellets or granules of U.S. origin which are shipped to India for processing into spunbonded nonwoven fabric which we classified in subheadings 5603.11.0090, 5603.12.0090 and 5603.13.0090 on an earlier ruling (NY File E81726), we wish to call your attention to the following:
Specifically, CR 12.130(c)(1) reads in part "Chapter 98, Subchapter II, Note 2, Harmonized Tariff Schedule of the United States, provides that any product of the U.S. which is returned after having been advanced in value or improved in condition abroad, or assembled abroad, shall be a foreign article for the purposed of the Tariff Act of 1930, amended." The processing of the plastic pellets into nonwoven fabric is deemed a substantial transformation, and, therefore, India is the country of origin of the merchandise.
As such, this material, being imported as piece goods in any of the subheadings provided above, would fall in textile category designation 223. Based upon international textile trade agreements, products of India are subject to quota and the requirement of a visa..
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 Kenneth Reidlinger at 212-637-7084.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division