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NY H86806




January 22, 2002

CLA-2-62:RR:NC:3:353 H86806

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5055, 6217.10.9530, 6406.99.3060

Mr. Michael Svoboda
Genie B’s Specialties, Inc.
1006 East Maple Street
P.O. Box 387
Sutton, NE 68979

RE: The tariff classification of an apron, sleeve protector and gaiter from China.

Dear Mr. Svoboda:

In your letter dated December 6, 2001, received by this office on December 28, 2001, you requested a classification ruling.

The submitted samples are two aprons, one half-sleeve and one gaiter for use in the meat packing industry. The items are constructed of woven 50% polyester/50% cotton fabric that is coated with rubber. The aprons protect against blood and acids and can withstand temperatures of approximately 200 degrees F. Apron 1 is approximately 82% by weight of rubber and 18% by weight of fabric. The bib apron is ankle length, and features an adjustable neck strap and a fabric tie at the waist. Apron 2 is identical to apron 1 except that is approximately 75% by weight of rubber and 25% by weight of fabric. The half-sleeve is a sleeve protector that is approximately 82% by weight of rubber and 18% by weight of fabric, measures approximately 16 inches in length, and features elasticized thread at the ends. The item identified as a “gaiter” is approximately 82% by weight of rubber and 18% by weight of fabric. The “gaiter” is a rubber ankle covering designed to be worn atop the wearer’s footwear and secured around the ankle by means of three snap closures.

The textile fabric coated with rubber weighs less than 1500 grams per meter. The aprons and half-sleeve are constructed of rubberized textile fabrics of heading 5906. The “gaiter” has an external layer of rubber.

The applicable subheading for the aprons will be 6210.50.5055, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women's or girls' garments: Of man-made fibers: Other, Other.” The duty rate will be 7.2% ad valorem.

The applicable subheading for the half-sleeve will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of man-made fibers.” The duty rate will be 14.8% ad valorem.

The applicable subheading for the “gaiter” will be 6406.99.3060 (HTS) which provides for parts of footwear, removable insoles, heel cushions and similar articles; gaiters leggings and similar articles, and parts thereof, other, of rubber or plastics, other. The rate of duty will be 5.3% ad valorem.

The aprons and half-sleeve fall within textile category designation 659. Based upon international textile trade agreements products of China 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.

Due to the fact that the aprons and half-sleeve are to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The aprons and sleeve will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The aprons and half-sleeve may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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