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NY B88870




August 27, 1997

CLA-2-62:RR:NC:WA:353 88870

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000

Ms. Jennifer Yi
TCA Enterprises
8934 Elizabeth Falls Dr.
Jacksonville, Fl 32257

RE: The tariff classification of non-woven disposable apparel from China

Dear Ms. Yi:

In your letter dated August 19, 1997, received in our office on August 20, 1997, you requested a correction regarding a classification ruling NY B81963 issued to your customs broker, JNO. G. McGiggin on March 31, 1997 on your behalf when you state your company went under the name of "Sunbeam Industries".

You now state that your attorney has informed you that another party had already registered the name "Sunbeam" and that you have officially registered your company name as "TCA Enterprises, Inc.". As you still plan to import the same merchandise under the name of "TCA Enterprises, Inc." with the same style numbers as covered by NY Ruling B81963, the following classification information applies.

All samples are stated to be made of non-woven polypropylene material. Style CO-100 is a coverall with a full zipper front closure, an open collar without a hood with open cuffs and open leg openings. Style CO-106 is a coverall with a full zipper front closure that zips to the neck, a hood with elasticized edges and elasticized cuffs and ankle openings. Style CO-109 is a coverall with a full front zipper closure that zips to the neck, a hood with elasticized edges, open cuffs and attached booties.

You state that the items are disposable apparel for lab, hospital and contamination removal use. Customs has consistently stated in prior rulings that in order for a garment to be properly classifiable in subheading 6210.10.5000, HTSUSA, it has to be specially designed for use in "contaminated areas". Customs will classify a garment as "designed for use in hospitals, clinics, laboratories or contaminated areas" if it has an established commercial
acceptability for such uses. A determination of whether a garment provides sufficient protection from exposure to contaminants is not within the purview of the Customs Service, and it is the marketplace or regulatory agencies which will determine whether a garment offers adequate protection for its intended purpose. Customs has previously determined whether a garment will qualify for classification as a protective garment of subheading 6210.10.5000 HTSUS, on the basis of the garment's physical design and properties, as well as how it is marketed, advertised or sold.

Design features indicative of protective wear include attached boots, elastic wrist closures, attached hood with elasticized edges, and sufficient coverage to afford the wearer protection from contaminants.

From the submitted advertising material, if the items at issue are constructed of Pro/Shield which is stated to be a spunbonded-meltdown-spunbonded (SMS) fabric marketed to offer strength, splash and particulate resistance against many hazards, then they may be considered to be considered protective garments. They have construction features such as ample coverage, elasticized hoods, cuffs and leg openings.

The applicable subheading for Styles CO-100, CO-106 and CO-109 will be 6210.10.5000, Harmonized Tariff Schedules of the United States(HTS) which provides for "Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas.... ." The rate of duty will be 4.4 percent ad valorem. This subheading does not carry an attendant textile quota category number.

The question of proper making of the items at issue are dependent upon their condition when imported. Will they be packed in bulk for delivery to the purchaser or individually packaged for sale at retail or sold individually without retail packaging. These considerations impact on whether the item must be individually marked with the country of origin, fiber content and name of manufacturer, importer or RN # or on the outer container or are exempt from being individually marked if they are sold directly to the ultimate purchaser. When this information is available you may wish to submit proposed labeled and packaged items for a marking ruling.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textiles and Apparel Branch

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