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HQ 957115



April 4, 1995

CLA-2 CO:R:C:T 957115 CAB

CATEGORY::CLASSIFICATION

TARIFF NO.: 6210.10.4010

Mr. Leco Chao
Sunrise Industries, Inc.
Tomsco Hwy. Safety Equipment
P.O. Box 23679-32241
Jacksonville, FL 32257

RE: Reconsideration of DD 801407 of September 20, 1994; 6210.10.4010 vs. 6210.10.4015

Dear Mr. Chao:

This is in response to your request for reconsideration dated September 26, 1994, regarding DD 801407 issued to you on September 20, 1994. The merchandise at issue is nonwoven polypropylene disposable coveralls. A sample was submitted for examination.

FACTS:

The merchandise at issue is a disposable coverall constructed of nonwoven spunbonded polypropylene material. The article contains an attached hood with an elasticized opening to provide a tight fit, attached boots which act as foot protection, and a zippered means of closure that runs down the front of the garment.

In DD 801407, the District Director of Cleveland classified the garment in subheading 6210.10.4015 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for overalls and coveralls made up of fabrics of heading 5602 or 5603, but which do not qualify for nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas. You claim that the subject garment does qualify as disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas; and therefore, is properly classifiable in subheading 6210.10.4010, HTSUSA.

ISSUE:

Whether the subject garment is designed for use in hospitals, clinics, laboratories or contaminated areas, and thus, classifiable in subheading 6210.10.4010, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's taken in order.

There is no dispute that the subject garment is classifiable in subheading 6210.10.40, HTSUSA, which provides for garments made up of fabrics of heading 5602 or 5603: other, because they are made of a nonwoven material covered by heading 5603. The issue before us is whether the subject garment meets the criteria of nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas, and is therefore classifiable in subheading 6210.10.4010, HTSUSA.

Customs has consistently stated in prior rulings that in order for a garment to be properly classifiable in subheading 6210.10.4010, HTSUSA, it has to be specially designed for use in "contaminated areas". In addition to the specialized design features, Customs also looks to whether the marketing, advertising, and sale of the garment are directed toward the particular uses for which the garment is claimed to be designed.

In Headquarters Ruling Letter (HRL) 084164, dated September 20, 1989, a nonwoven disposable protective coverall manufactured of Type 1422A Tyvek, a spunbonded fabric which is made of high density polyethylene fibers that are formed into a sheet, was classified in subheading 6210.10.4010, HTSUSA. It was determined that the garment therein was designed for use in "contaminated areas". The coverall had a zippered front, long sleeves, and a collar. Among the contaminants which the garment was designed to protect against were radioactive substances, asbestos, pesticides, and viral agents. In HRL 085360, dated December 13, 1989, Customs concluded that a one-piece coverall constructed of 100 percent spunbonded polypropylene with elastic closures on the wrists, an attached hood and boots, and a seam sewn across the chest was classifiable in subheading 6210.10.4010, HTSUSA. The garment was specially designed for asbestos abatement use.

In this instance, the merchandise at issue has design features which appear to adapt it for use in contaminated areas. These features include the snug-fitting elasticized hood, the attached boots, and the oversized loose-fit of the coverall which fits easily over clothing. The importer contends that the subject coverall is identical to the coverall at issue in HRL 085360. When comparing the subject coverall to the coveralls at issue in the aforementioned rulings, it is apparent that all of the garments have similar construction and styling. These similarities include the high density fabric used to make up the garments, the attached hood and boots, and the overall full body protection produced by the one-piece garments. The importer also states that the subject coverall will be utilized for contaminated areas and will be marketed
and sold for use in these particular areas. As a result of the statements as to how the garment will be marketed and advertised as well as the general appearance of the garment, the subject garment is classifiable in subheading 6210.10.4010, HTSUSA.

HOLDING:

Based on the foregoing, the subject coverall is classified in subheading 6210.10.4010, HTSUSA, which provides for garments made up of fabrics of heading 5602, 5603; nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas. The applicable rate of duty is 17 percent ad valorem.

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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