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NY C86976

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May 7, 1998

CLA-2-62:RR:NC:3:353 C86976

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000; 6307.90.9989; 6505.90.8015

Mr. Jay Rigberg
Keystone Adjustable Cap Co., Inc.
1591 Hylton Road
Pennsauken, NJ 08110

RE: The tariff classification of disposable wearing apparel from China.

Dear Mr. Rigberg:

In your letter dated April 14, 1998 you requested a tariff classification ruling.

The submitted samples are constructed from disposable nonwoven tyvek fabric. Item #CVL-TVK is a coverall with a full front zippered closure, an attached elasticized hood, elasticized cuffs and attached boots with non-skid tyvek material. Item #SC-TVK is a shoe cover which covers the entire shoe and is held in place by means of an elasticized opening. Item #SC-TVK/N is also a shoe cover of the same design, except it is made of non-skid tyvek material. Item #110-TVK is a bouffant cap with elasticized opening, and resembles a shower cap. Item #AG-TVK is a sleeve protector measuring approximately 18 inches in length, and has elastic around both ends. You state that these items will be used in contaminated areas, i.e. hospital waste removal.

The applicable subheading for the coveralls, Item #CVL-TVK 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, 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 percent ad valorem.

The applicable subheading for the shoe covers, Item #s SC-TVK and SC-TVK/N will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up articles, including dress patterns: Other: Other: Other, Other: Other." The duty rate will be 7 percent ad valorem.

The applicable subheading for the bouffant cap, Item #110-TVK will be 6505.90.8015, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Other: Not in part of braid, Nonwoven disposable headgear without peaks or visors." The duty rate will be 20.7 cents/kg + 7.5 percent ad valorem.

At this time we cannot issue a binding ruling on the sleeve protector, Item #110-TVK. The issue of classification of sleeve protectors is before US Customs Headquarters.

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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See also:

• Tariff No.: 6210.10.50 - Nonwoven dispos apparel designed for hosps, clinics, labs or cont area use, made up of fab of 5602/5603, n/formed or lined w paper, not k/c
• Tariff No.: 6307.90.99 - National flags and other made-up articles of textile materials, nesoi
• Tariff No.: 6505.90.80 - Hats and headgear, of mmf, made up from felt or o/textile material (but n/knitted or crocheted), not in part of braid