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NY B81958



March 31, 1997

CLA-2-62:RR:NC:WA:353 B81958

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000; 6210.10.9040; 6217.10.9530

Ms. Sharon Dixon
JNO. G. McGIFFIN
Customhouse Broker
1510 Talleyrand Avenue
P.O.Box 3
Jacksonville, Florida 32201

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

Dear Ms. Dixon:

In your letter dated January 31, 1997, received in our office on February 7, 1997, you requested a classification ruling on behalf of your client Sunbeam Industries, Inc. Samples were submitted for examination with your request.

All samples are stated to be made of non-woven polypropylene material. Style IG-390B is a disposable open back isolation gown with piping around the neck with string ties at the neck and waist. It has long sleeves with elasticized cuffs. Style SL-017 is a disposable sleeve protector with elasticized openings at either end. Style ST-010 are disposable shorts with an elastized waist and open legs openings.

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.

Style IG-390B has established commercial acceptability as protective wear. Style SL-017 is not a garment and therefore not covered in heading 6210, HTS. Style ST-010, the disposable shorts do not afford sufficient coverage to be considered protective and information has not been furnished to support commercial acceptability for protective use in hospitals, clinics, laboratories or contaminated areas.

The applicable subheading for Style IG-390B 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 applicable subheading for Style SL-017 will be 6217.10.9530, Harmonized Tariff Schedules of the United States (HTS) which provides for "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other.... Other: Of man-made fibers." The rate of duty will be 15.2 percent ad valorem. The textile quota category number is 659.

The applicable subheading for Style ST-010 will be 6210.10.9040, 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: Other: Other..... Other." The rate of duty will be 16.7 percent ad valorem. The textile quota category number is 659.

Style SL-017 and ST-010 are items that fall with textile category designation 659, Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which available for inspection at your local Customs office.

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 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 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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