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HQ 965571




June 20, 2002

CLA-2 RR: CR: TE 965571 ttd

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

Thomas Chao
M.A.M. Industries Inc.
10736 Skylark Dr.
Jacksonville, FL 32257

RE: Classification of a Disposable Sleeve Protector

Dear Mr. Chao:

This is in reply to your letter dated March 13, 2002, in which you requested a ruling regarding the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a certain disposable sleeve protector. Your request for classification of this item was forwarded to U.S. Customs Headquarters and upon review by the Office of Regulations & Rulings, the subject merchandise is classified in subheading 6217.10.9530, HTSUSA, for the reasons set forth below. A sample was submitted to this office for examination.

FACTS:

The item under consideration is a non-woven disposable sleeve protector identified as Item Number U2400. The item is constructed of non-woven polypropylene fabric. The sleeve protector is cylindrical in shape and has elasticized ends. It measures approximately 18 or 22 inches in length and is used in contaminated areas.

ISSUE:

What is the proper classification of the subject merchandise?

LAW AND ANALYSIS:

Headquarters Ruling Letter (HQ) 965135, dated April 15, 2002 (copy enclosed) addresses Customs position on the classification of disposable sleeve protectors substantially similar to the merchandise presently under consideration. In HQ 965135, disposable sleeve protectors made of non-woven polypropylene fabric, nearly identical to the sleeve protector at issue, were classified in subheading 6217.10.9530, HTSUSA. Accordingly, we incorporate the LAW AND ANALYSIS section of that ruling in this decision, as it is dispositive of the issue you have raised. See also HQ 961080, dated September 14, 1999 (wherein Customs classified sleeve protectors made of a woven nylon base coated with polyurethane on one side in subheading 6217.10.9530, HTSUSA) and HQ 961108, dated September 2, 1999 (wherein Customs classified sleeve protectors made of spun-bonded olefin in subheading 6217.10.9530, HTSUSA).

Therefore, the merchandise at issue is classified in subheading 6217.10.9530, HTSUSA, which covers "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Of man-made fibers."

HOLDING:

The subject disposable sleeve protector, identified by Item Number U2400, is classified under subheading 6217.10.9530, HTSUSA, which provides for "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Of man-made fibers." The applicable rate of duty is 14.8 percent ad valorem and the textile category is 659.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office. The Status Report on Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin Board (CEBB) which can be found on the U.S. Customs Service Website at www.customs.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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