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NY C86427




April 29, 1998

CLA-2-62:RR:NC:3:353 C86427

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000; 6210.10.9010

Mr. Marvin Maltz
Abel Unlimited Inc.
1649 Forum Pl., Suite 12
West Palm Beach, Fl 33401

RE: The tariff classification of disposable coveralls from China.

Dear Mr. Maltz:

In your letter dated April 3, 1998 you requested a classification ruling.

Four samples of disposable coveralls, consisting of non-woven polypropylene fabric were submitted with your request. Style 5410, coverall with an attached hood and boots, full front zippered closure and elastic at the wrists and around the hood. Style 5420, coverall with attached hood and boots, full front zippered closure and elastic at the wrists, ankles and around the hood. Style 5430, coverall with collar, full front zippered closure, open cuff and ankle opening. Style 5440, coverall with collar, full front zippered closured, and elastic at the wrists and ankles.

The applicable subheading for Styles 5410, 5420, will be 6210.10.5000, Harmonized Tariff Schedule 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 duty rate will be 3.7% ad valorem.

The applicable subheading for Styles 5430 and 5440, will be 6210.10.9010, Harmonized Tariff Schedule 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, Overalls and coveralls. The duty rate will be 16.6% as valorem.

Styles 5430 and 5440 are not eligible for classification in item 6210.50.5000, HTS, because they have no particular features making them suitable for use in hospitals, clinics, laboratories or contaminated areas. They are not specially designed for such uses; rather they are multi-purpose garments which may be used in many envirements, such as homes, yards and garages.

Styles 5430 and 5440 fall within 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 is available for inspection at your local Customs office.

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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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