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HQ 089744


October 10, 1991 y

CLA-2 CO:R:C:T 089744jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.4010; 6307.90.9490; 6505.90.8015

Mr. Vincent Sommella,
Capital Customs Brokers, Inc. and
International Freight Forwarders,
P. O. Box 30942,
J. F. K. Airport Station
Jamaica, New York 11430

RE: Classification of an Isolation Gown, a Cap, and Shoe Covers

Dear Mr. Sommella:

In your letter of June 3, 1991, you requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for an isolation gown, a cap and shoe covers of polypropylene which are to be imported for a client of yours. You submitted samples of the items in question.

FACTS:

The instant samples are as follows:

(1) Style 125-108D is an isolation gown made of nonwoven spunbonded polypropylene material. The disposable gown has a wrap-around belt, elastic cuffs, a full back opening, and a tie closure at the back of the neck.

(2) Style 100-B101P is a bouffant "litecap" made of nonwoven spunbonded poylpropylene material. It is circular in shape, and it has an opening in the center with an elastic band sewn into the outer edge to hold it in place and give it shape.

(3) Style 170-1062 is a pair of shoe covers made of nonwoven spunbonded polypropylene material. There is a circular opening in the center of the shoe covers with a piece of elastic band sewn into the outer edge. The soles also have a piece of elastic band sewn into the center.

ISSUE:

What is the correct HTSUSA classification of these items?

LAW AND ANALYSIS:

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

You state that you believe all three samples should be classified under the provision for other articles of plastics and articles of other materials of headings 3901 to 3914: other: other, in subheading 3926.20.5050, HTSUSA.

Chapter Note 2 (l) of Chapter 39, HTSUSA, states that Chapter 39 does not cover goods of Section XI (textiles and textile articles). For tariff purposes, polyproplylene fibers are considered to be man-made textile fibers. See Chapter 54 Note 1(a) covering man-made filaments.

Subheading 6505.90.8015, HTSUSA, specifically covers nonwoven disposable headgear without peaks or visors. Inasmuch as the instant litecap fits within this provision, it is classified there by virtue of GRI 1. See Customs Headquarters Ruling Letter (HRL) 081415 of May 2, 1989, HRL 083935 OF July 7, 1989 and HRL 084759 of October 3, 1989.

The isolation gown is also classified according to GRI 1, in subheading 6210.10.4010, HTSUSA, under the provision for garments, made up of fabrics of heading 5602, 5603, 5906 or 5907: other, nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas.

The General Explanatory Notes of Chapter 64, HTSUSA, state, in relevant part:

For the purposes of this Chapter, the term "footwear" does not, however, include disposable foot or shoe coverings of flimsy material (paper, sheeting of plastics, etc.) without applied soles. These products are classified according to their constituent material.

Following this explanatory note, the instant shoe covers, which are of a relatively flimsy material and do not have applied soles, must be classified according to their component material in Section XI.

It is Customs position that disposable shoe covers made of nonwoven man-made fibers are classified under the provision for other made up articles of textile, in subheading 6307.90.9490, HTSUSA. See HRL 084759, which was mentioned above. HOLDING:

For the reasons stated above, the isolation gown is classified in subheading 6210.10.4010, HTSUSA, dutiable at the rate of 17 percent ad valorem. Under subheading 9902.62.10, HTSUSA, such gowns are currently subject to a reduced duty rate. Please consult your local import specialist for details, giving the country of origin. The shoe covers are classified in subheading 6307.90.9490, HTSUSA, dutiable at the rate of 7 percent ad valorem. The litecaps are classified in subheading 6505.90.8015, HTSUSA, dutiable at the rate of 8 percent ad valorem plus 22 cents per kilogram.

Sincerely,

John Durant, Director
Commercial Rulings Divison

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