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NY G81834




September 28, 2000

CLA-2-62:RR:NC:3:353 G81834

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0010

Ms. Michele McSwain
TW Clean
2205 Faraday Ave., Suite B
Carlsbad, CA 92008

RE: The tariff classification of an electrostatic discharge (ESD) cleanroom garment from the Philippines.

Dear Ms. McSwain:

In your letter dated August 25, 2000, received in this office on September 6, 2000, you requested a classification ruling. Extensive descriptive literature, technical test reports, and magazine articles were supplied in lieu of a sample of the item.

The merchandise is called an ESD (electrostatic discharge) cleanroom garment, and is a coverall composed of 98% woven polyester and 2% carbon filament fabric; the carbon filament is an antistatic component. The coverall features long sleeves and pants with cuffs, a full front closure and attachable hood and booties. The garment is sewn together with conductors in all seams and is fully groundable, either through an electrical receptacle or a grounded conductive floor. The cleanroom garment provides a static-safe environment, to the disk drive and other industries, by preventing electrostatic discharge during the manufacturing process.

This office assumes that the ESD cleanroom garment will be imported as a unit with the hood and booties. The individual pieces of the cleanroom garment, the coverall, hood and booties, are mutually complimentary and designed to be used together. The merchandise is a composite good, which is classified by application of GRI (b) according to the component that imparts the essential character, which for this merchandise is the coverall.

You believe the merchandise should be classified under subheading 8536.30 as “Other apparatus for protecting electrical circuits.” However, this office views the item as being primarily a clean room garment with the added feature of preventing harmful electrostatic discharge.

In the Explanatory Notes to the HTSUS, which are the official explanation of the tariff at the international level, the notes for heading 6211, which provides for other garments, state that “the provisions ofthe Explanatory Note to heading 6114 concerning other garments apply, mutatis mutandis, to the articles of this heading.” The Explanatory Note to heading 6114 states, in relevant part, that among other things, the heading covers “aprons, boiler suits (coveralls), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc.” The cleanroom garment appears to be of the same type described as being included in heading 6114.

The applicable subheading for the ESD cleanroom garment will be 6211.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, Coveralls, jumpsuits and similar apparel: Other: Women's.” The duty rate will be 16.4% ad valorem.

The ESD cleanroom garment falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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