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HQ 964179




August 10, 2000

CLA-2 RR:CR:TE 964179 GGD

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000

Christopher E. Pey, Esquire
Coudert Brothers
114 Avenue of the Americas
New York, New York 10036-7703

RE: Reconsideration of New York Ruling Letter (NY) F81127 as it Pertains to a Disposable Coverall; Ruling Correct as to Article Described by Importer

Dear Mr. Pey:

This letter is in response to your request of May 16, 2000, on behalf of your client, Hermitage Hospital Products, Inc., for reconsideration of NY F81127, issued January 19, 2000, as it pertains to the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of one of the garments classified therein – a nonwoven disposable coverall made in China. A sample of the coverall was submitted at the time of the original ruling. A separate sample and additional information not previously available to Customs were submitted with your current request.

FACTS:

In NY F81127, issued January 19, 2000, style 77-2500, a coverall composed of nonwoven polyspun bond fabric, featuring a full front zippered closure, pointed collar, and long sleeves and pants (both with open cuffs), was one of several products
classified based upon a sample and the importer's description of the item. Style77-2500 was classified in subheading 6210.10.9010, HTSUSA, textile category 659, the provision 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,” with a general column one duty rate of 16.4 percent ad valorem.

In your request for reconsideration, you essentially assert that your client sells exclusively to hospital supply departments and medical supply distributors, and that the primary use of coverall style 77-2500 is to provide single use coverage and fluid barrier protection in hospital and laboratory settings to both the wearer of the coverall and those around him or her.

Upon review of the record and the information and sample currently available, we find that NY F81127 is correct based upon the coverall’s description that was previously given to Customs. However, this letter additionally provides a binding ruling as to the tariff classification of coverall style 77-2500 in light of the newly submitted information.

ISSUE:

Whether disposable coverall style 77-2500 is a garment designed for use in hospitals.

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI.

Among other goods, heading 6210, HTSUSA, covers garments, made up of fabrics of heading 5602 and 5603. You maintain that, since the garment at issue is used to protect the wearer and those around him/her from contamination and/or injury
from fluids in hospitals and laboratories, and is not intended, used, or sold as a general purpose coverall, it is properly classified in subheading 6210.10.5000, HTSUSA, the provision for “Nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas.” You submit advertising literature and several affidavits which demonstrate that your client sells the product at issue exclusively to hospitals and medical supply distributors, that coverall style 77-2500 is fluid-resistant, and that, since the garment does not effectively dissipate heat, it is not conducive to long term use or to general cleaning purposes.

In light of the recently submitted evidence establishing that the coverall at issue is commercially acceptable as a garment designed for use in hospitals, we find that style 77-2500 is properly classified in subheading 6210.10.5000, HTSUSA. (For additional rulings concerning garments designed for use in hospitals, clinics, laboratories, etc., see Headquarters Ruling Letter (HQ) 958389, issued September 7, 1995, HQ 957117, issued August 1, 1995, NY C80753, issued November 14, 1997, and NY A84751, issued July 9, 1996.)

HOLDING:

The disposable coverall identified by style 77-2500 is classified in subheading 6210.10.5000, HTSUSA, the provision 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 general column one duty rate is 2.5 percent ad valorem.

A copy of both this ruling letter and NY F81127 should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,


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