HQ 0082931 - Tyvec RPA llA Lab Suit - United States International Trade Commision Rulings

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HQ 082931

November 8, 1989

CLA-2 CO:R:C:G JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.4010

Mr. Gary B. Shea
Redicorp Protective Materials
146-01 Lee Road
Chantilly, Virginia 22021

RE: Tyvec RPA llA Lab Suit

Dear Mr. Shea:

This is in reference to your letter of October 6, 1988, concerning classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for a Tyvec protective lab suit.

FACTS:

The merchandise at issue is a protective suit used to protect against a hazardous particulate environment. It is constructed of the E.I. Dupont trademark material called Tyvek which consists of spun bonded olefin fibers. You provided descriptive literature, as well as an illustration, which indicates that the suit consists of 98 percent Tyvek material, 1 percent 3M filtrate material and 1 percent Mylar.

A polyethylene coating comprises the surface of the garment, which is structured as a coverall. The garment has a hood covering which encloses the head and attaches to the body of the garment. The hood has a "window" for visibility. The body of the suit has long sleeves attached to gloves, and the pants legs are attached to booties. The 16 oz. garment incorporates a patented ventilation system which does not use an electrical or battery operated device.

ISSUE:

Whether the garment in question is classifiable under Heading 6210 of the Harmonized Tariff System of the United States Annotated (HTSUSA)?

LAW & ANALYSIS:

Classification of merchandise is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the classification shall be determined according to the terms of the headings and any relevant section or chapter notes.

Heading 6210, HTSUSA, provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907. The fabric from which the Tyvec suit is constructed falls under those enumerated in heading 5603, namely, non-wovens, whether or not impregnated, coated, covered or laminated. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes to heading 6210 state that the heading covers raincoats, oilskins, divers' suits and anti-radiation protective suits, not combined with breathing apparatus. Since the garment in issue is designed to protect against hazardous submicron radium particulates and chemicals, among other things, it is classified under this heading.

HOLDING:

The General use of protective suits is such that once worn in a hazardous environment, the garment becomes contaminated and must be disposed of. There are also limited circumstances under which the suit may be reused following a decontamination process. However, due to the limited nature of such reuse, the Tyvec RPA llA suit will be considered disposable for classification purposes.

The merchandise at issue is classified under subheading 6210.10.4010, HTSUSA, which provides for garments, made up of fabrics of heading 5602, 5603, 5903 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, with duty at the rate of 17 percent ad valorem. There are currently no textile restraints applicable to this merchandise.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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