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NY C87669




May 26, 1998

CLA-2-62:RR:NC:3:353 C87669

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000

Ms. Kathleen Dillon
The American Companies
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a disposable coverall from China.

Dear Ms. Dillon:

In your letter dated May 7, 1998, on behalf of The safety Zone LLC/Seidman Associates, you requested a tariff classification and marking ruling. A sample was provided.

The item is a one piece coverall made of Tyvek. It features full length sleeves with elasticized cuffs, full length legs with permanently attached foot protecting boots, an attached elasticized hood and full front zipper. In your letter you state that the item will be used as a general protective garment in industrial areas and is not made to protect against specific contaminants.

The fact that the garment can be used in general industrial environments is not the determining factor in deciding whether a garment is designed for use in hospitals, clinics, laboratories or contaminated areas. The controlling factor is whether the article has design features which peculiarly adapt it for use in the environment specified in the tariff provision. The garment has specific features that make it considered designed for use in hospitals, clinics, laboratories, or contaminated areas. These features are the elasticized cuffs and hood and the attached protective boots. Of note is that the garment is made of Tyvek fabric which is recognized by Customs as a special design feature due to its impermeability, chemical resistance, and relatively slick surface.

The applicable subheading for the Tyvek disposable coverall 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 rate of duty will be 3.7% ad valorem.

There are currently no quota or visa requirements on this merchandise.

You also request a ruling as to country of origin marking.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The marking of the goods imported from China with "Made in China", "Product of China" or "China", in a conspicuous, legible and permanent manner will satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported disposable coverall.

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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