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NY C88717


July 2, 1998

CLA-2-62:RR:NC:3:353 C88717

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000

Mr. Jay Rigberg

Keystone Adjustable Cap Co.

159 Hylton Rd.

Pennsauken, NJ 08110

RE: The tariff classification of disposable coveralls from China.

Dear Mr. Rigberg:

In your letter dated June 17, 1998 you requested a classification ruling.

Two samples of disposable coveralls were submitted with your request. The coveralls consist of Tyvek material which is a non-
woven fabric. Item #CVL-E-TVK features a full front zippered closure, elasticized cuffs and leg openings and a collar. Item #CVL-O-TVK features a full front closure, a collar and open cuffs and leg openings.

The controlling factor in classifying the coveralls is whether its design features peculiarly adapt it for use in hospitals, clinics, laboratories or contaminated areas. Tyvek material is a special design feature which peculiarly adapts the garment for use with contaminants. Among the properties of Tyvek which adapts it for this use is its impermeability, chemical resistance, relatively slick polyethylene surface, high tensile/tear strength, and its good puncture and abrasion resistance.

The applicable subheading for the coveralls, Items CVL-E-TVK, and CVL-O-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, 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.

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,


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