HQ 0089069 - Modification of District Ruling Letter (DD) 858527; Classification of Shoe Covers and Beard Covers; Heading 6307 - United States International Trade Commision Rulings

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HQ 089069
August 16, 1991

CLA-2 CO:R:C:T 089069

CATEGORY: CLASSIFICATION

TARIFF NUMBER: 6307.90.9490

Ms. Patty Iacono
Gladish & Associates
215 Long Beach Blvd., # 511
Long Beach, California 90802

RE: Modification of District Ruling Letter (DD) 858527; Classification of Shoe Covers and Beard Covers; Heading 6307

Dear Ms. Iacono:

In District Ruling Letter (DD) 858527 of December 20, 1990, you received a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for certain nurses' caps, shoe covers and beard covers. We have recently had occasion to review this ruling with regard to the shoe covers and beard covers. Our decision follows.

FACTS:

DD 858527 classified the shoe covers and beard covers in subheading 6210.10.4010, HTSUSA, which provides for garments, made up of fabrics of Headings 5602, 5603, 5906 or 5907: of fabrics of Heading 5602 or 5603: other. This section of the ruling letter is the part which we have been asked to reconsider.

The ruling describes these articles as "... made from a nonwoven spunbonded propylene material. They are all very basic loose fitting shapes with elastic edging around their openings." they are said to be used chiefly in semi conductor manufacturing clean rooms.

ISSUE:

Whether shoe covers and beard covers are classifiable as garments or other made up articles under the HTSUSA?

LAW AND ANALYSIS:

Heading 6210, HTSUSA, provides for "garments", a term which although not defined under the nomenclature is nevertheless commonly understood to mean apparel which covers, at minimum, the trunk of the body. The legal notes to Chapter 62, HTSUSA, support this concept. In defining the term "ensemble," Note 3(b) requires one garment designed to cover the upper part of the body ... and one or two different garments, designed to cover the lower part of the body."

Customs Headquarters Ruling Letter (HRL) 081945 of January 29, 1990, held that certain disposable shoe covers (if made of textile fabric) were classified in Heading 6307, HTSUSA, as other made up articles of textile fabric, including dress patterns: other: other: other: other. New York Ruling Letter (NY) 841125 of May 23, 1989, arrived at a similar conclusion. These letters held that similar items were classified under the provision for other made up articles, including dress patterns: other: other: other, in subheading 6307.90.9590, HTSUSA (currently this subheading is 6307.90.9490).

We find that the instant merchandise does not qualify as garments for tariff purposes, but is similar in all material respects to the merchandise classified in the letters cited above. Accordingly they are classified in Heading 6307, HTSUSA.

HOLDING:

The instant shoe covers and beard covers are classified in subheading 6307.90.9490, HTSUSA, dutiable at the ad valorem rate of 7 percent.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying DD 858527 to reflect the above classification effective with the date of this letter. However, if after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of DD 858527 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to DD 858527 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your merchandise under that ruling. However, for the purposes of future transactions of merchandise of this type, DD 858527 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and apply for such relief from the binding effects as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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 importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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