HQ 0080460 - Classification of nonwoven disposable coveralls designed for general use over other clothing - United States International Trade Commision Rulings

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HQ 080460

August 25, 1988

CLA-2 CO:R:C:G 080460 jlj 823225

CATEGORY: CLASSIFICATION

TARIFF NO.: 384.9310; 6210.10.4020

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, Missouri 64108

RE: Classification of nonwoven disposable coveralls designed for general use over other clothing

Dear Mr. O'Neill:

You requested a tariff classification for a nonwoven disposable coverall from Taiwan for your client, Test-Rite Products Corporation of Clifton, New Jersey. You submitted a sample coverall along with your request.

FACTS:

The sample submitted is a 100 percent polypropylene nonwoven disposable coverall. It will be packaged for retail sale as a general use coverall to be worn over clothing to protect it from being soiled. Its suggested uses are for painting, gardening, cleaning and automotive repairs.

ISSUE:

Is the instant coverall designed for use in hospitals, clinics, laboratories or contaminated areas?

LAW AND ANALYSIS:

An almost identical (except for certain details around the collar) 100 percent polypropylene nonwoven disposable coverall was found not to be designed for use in hospitals, clinics, laboratories or contaminated areas in Customs Headquarters Ruling Letter (HRL) 080056 of August 27, 1987. One of the key factors in deciding that the coverall in HRL 080056 was not classified under the provision for nonwoven
disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas in item 384.9305, Tariff Schedules of the United States Annotated (TSUSA), was that there was nothing in the design of the garment which indicated that it was designed for the uses mandated by item 384.9305, TSUSA.

As the Court of Customs and Patent Appeals said in Plus Computing Machines, Inc. v. United States, 44 CCPA 160, C.A.D. 655 (1957), the fact that an article is "specially constructed for a particular purpose means that it includes particular features which adapt it for that purpose." The instant garment has no such features.

The instant coverall is not eligible for classification in item 384.9305, TSUSA, because it has no particular features making it suitable for use in hospitals, clinics, laboratories or contaminated areas. It is not specially designed for such uses; rather it is a multi-purpose garment which may be used in many different environments, such as homes, yards and garages.

HOLDING:

The instant coverall is classified under the provision for coveralls, overalls, jumpsuits and similar apparel, whether or not known as playsuits, in item 384.9310, TSUSA, dutiable at the rate of 17 percent ad valorem. Textile category 659 applies to this item number.

Under the proposed Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which is scheduled to replace the TSUSA, the applicable subheading is 6210.10.4020, garments made up of fabrics of heading 5602 or 5603, other, other, dutiable at the rate of 17 percent ad valorem. Textile category 659 applies to this subheading.

Sincerely,

John Durant, Director

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