Newly Released CBP HQ Rulings July 20
The Customs Rulings Online Search System (CROSS) was updated July 20 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H326140: Internal Advice Request; Tariff Classification of Surgical Table Drapes
| Ruling: The surgical drapes are classified in Harmonized Tariff Schedule subheading 6307.90.6800 as “Other made up articles, including dress patterns: Other: Surgical drapes: Other: Spunlaced or bonded fiber fabric disposable surgical drapes of man-made fibers.” |
| Issues: What is the tariff classification of the disposable surgical table drapes at issue? |
| Items: Disposable surgical table drapes, designed to cover operating tables during surgical procedures and create a sterile barrier to prevent contamination of instruments and other supplies. The drapes are made of a combination of 30% spunbond/melt blown/spunbond and 70% polyethylene film. The drapes are constructed of SMS nonwoven dyed blue fabric, either laminated or glued in the center of a larger piece of polyethylene PE dyed blue film. The SMS fabric is composed of three layers of nonwoven textile fibers thermally bonded together: a spunbonded polypropylene filament fiber front and back layer; and a melt blown polypropylene filament fiber middle layer. |
| Reason: The drapes at issue are classified in Chapter 63 because they are not provided for in any other Chapter. They are ineligible for Chapter 39 classification because the drapes are not constructed of: felt impregnated, coated, covered or laminated with plastics; textile fabrics completely embedded in or entirely coated with plastics on both sides; or textile fabrics coated or laminated with plastics that cannot be bent manually around a cylinder. They are ineligible for Chapter 56 classification because the essential character of the drapes is not derived from the nonwoven portion. CBP's inspection of the sample drape confirmed that the nonwoven portion is extremely thin, which would hamper its ability to absorb fluids. |
| Ruling Date: May 22, 2023 |