CLA-2-62:OT:RR:NC:N3:348
Ms. Christi Roos
M-PACT Solution
4294 Swinnea Road
Memphis, TN 38118
RE: The tariff classification and eligibility under the United States-Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) of disposable gowns from China, Vietnam or India
Dear Ms. Roos:
In your letter dated January 31, 2017, you requested a ruling on the tariff classification and eligibility under the DR-CAFTA for disposable gowns. Your sample will be returned under separate cover.
The submitted sample, isolation gown, is constructed from 96% spunbonded polypropylene nonwoven fabric and 4% cotton knit fabric. The gown has a full back opening, long sleeves and a and a tie at the wasit in the front of the gown that extends around the waist to fasten at the back. The garment will be used in the medical industry.
The submitted sample, surgical gown, is constructed from 100% spunbonded polypropylene nonwoven fabric. The surgical gown has a hook and loop closure at the neck, long sleeves with knit cuffs and a full back opening. There is also a tie at the waist in the front of the gown that extends around the waist to fasten at the back. The garment will be used in the medical industry.
The applicable subheading for the gowns will be 6210.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Garments, made up of fabrics of heading 5602, 5603, 6903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Non-woven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas." The rate of duty will be Free
The manufacturing process for the gowns:
Rolled nonwoven fabric from China, Vietnam or India is shipped to Dominican Republic
Three cuts are made into the fabric: body, left arm, right arm.
Arms are sewn or ultra-sonically welded to the body fabric.
The knit cuffs, for the isolation gowns, are sewn to the arms.
The cotton sewing thread is formed and finished in Domincan Republic
All cutting and sewing is performed in the Dominican Republic.
The gowns are packaged and exported to US directly from the Dominican Republic.
General Note (GN) 29, HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. GN 29(b), HTSUS (19 U.S.C. § 1202) states: For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if— (i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement; (ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and— (A) each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or (B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note; and the good satisfies all other applicable requirements of this note; or (iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.
As the goods contain non-originating materials, they would have to undergo an applicable change in tariff classification in order to meet the requirements of GN 29(b)(ii)(A).
In addition to the above-noted tariff shift rules, the goods must also meet any applicable chapter rules found in GN 29(n), Chapter 62, as well as any applicable rules for textile and apparel goods set out in GN 29(d).
General Note 29 (n), Chapter 62, Chapter rule 2 states:
For purposes of determining whether a good of this chapter is originating, the rule applicable to that good shall only apply to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in that rule for that good. The component that determines the classification is the polyester/cotton fabric.
The component that determines the classification for the gowns is nonwoven fabric. The nonwoven fabric is classified under heading 5603, HTSUS.
General Note 29(n),Chapter rule 4 states:
Notwithstanding chapter rule 2 to this chapter, a good of this chapter containing sewing thread of headings 5204, 5401 and 5508 shall be considered originating only if such sewing thread is both formed from yarns and finished in the territory of one or more of the parties to the Agreement.
The sewing thread, used to assemble the garment, will be formed and finished in one or more of the parties to the Agreement.
For goods classified in heading 6210, General Note 29/61.35C requires:
A change to any other good of heading 6210 from any other chapter, except from headings 5111 through 5113, 5204 and 5212, 5310 through 5311, chapter 54, headings 5508 through 5516 or 6001 through 6006, provided that the good is cut or knot to shape or both, and sewn or otherwise assembled in the territory of one or more of the parties.
The non-originating material is classified in chapter 56 and it meets the terms of the tariff shift rule.
Based on the facts provided, the garments qualify for DR-CAFTA preferential treatment, because they meet the requirements of HTSUS General Note 29(b)(ii)(A). They will be entitled to a free rate of duty under the DR-CAFTA.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
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 Rosemarie Hayward at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division