CLA-2-62:RR:NC:3:353 A89868

Mr. Valerie Caulfield
Evans, Wood & Caulfield Inc.
20 West Linclon Ave.
Valley Stream, N.Y. 11580

RE: The tariff classification of disposable items such as: shoe cover, O.R. headwear, Surgeon's Cap, Isolation gown and poly coated gown from Thailand, Indonesia and China.

Dear Ms. Caulfield:

In your letter dated November, 1996, on behalf of Dynarex Corp., you requested a tariff classification ruling.

The five samples submitted are all disposable items consisting of a nonwoven fabric. Item #D540N is a shoe cover with elastic around the opening, Item #D567 O.R. Nurses Headwear is designed as a shower cap with elastic at the opening. Item #D570 is a Surgeon's Cap designed with a tie at the back. Item #D585 is a Isolation gown with a full back opening, long sleeves with elasticized cuffs and a tie at the back of the capped neck and at the waist. Item #D586 is a poly coated gown coated with polyurethane with a full back opening, longs sleeves with elasticized cuffs and a tie at the capped neck and waist. A submitted catalog extract indicates both gowns are designed and marketed for use in contaminated areas.

The applicable subheading for the shoe cover, Item #D540N 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. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the disposable headwear, Items #D567, and #540N is 6505.90.8015, Harmonized Tariff Schedule of the United States which provide for Hats and other headwear knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but no in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other Of man-made fibers: Not in part of braid, Nonwoven disposable headgear without peaks or visors. The rate of duty will be 21.3 cents/kg + 7.8 percent ad valorem.

The applicable subheading for the Isolation gown, Item #D585 and the poly coated gown, Item #586 will be 6210.10.5000 will be Garments, made up of fabrics of heading 5602, 5603, 5903, or 5907: Of fabrics of heading 5602 or 5603: Other: Nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas. The duty rate will be 5 percent as valorem.

Articles classifiable under subheading 6307.90.9989, HTS, which are products of Thailand and India are entitled to duty free treatment under the Generalized system of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division