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NY I80239




April 16, 2002

CLA-2-62:RR:NC:3:353 I80239

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000

Mr. Robert E. Burke
Barnes, Richardson & Colburn
303 East Wacker Drive
Suite 1100
Chicago, IL 60601

RE: The tariff classification of a coverall from China, India and/or Nicaragua.

Dear Mr. Burke:

In your letter dated April 5, 2002, on behalf of Miller Precision Enterprises, you requested a tariff classification ruling.

The submitted sample is a disposable coverall constructed of Tyvek® nonwoven fabric. The coverall features a full zippered front, elastic at the cuffs and ankles, and a tight fitting collar. The seams will be sewn with nylon thread and serge-stitched, which reduces the number of exposed needle marks. The garments will most likely be made of Tyvek® 14 fabric. You state that the coveralls will be designed and made for use in contaminated areas, such as industrial settings where workers may be exposed to paints, chemicals, fiberglass fibers, and other hazardous substances.

The elastic at the cuffs and ankles, along with the tight fitting collar are recognized as special design features. In addition, as a special design feature, Tyvek® 14 is recognized for its impermeability and as a highly protective special purpose fabric.

The applicable subheading for the Tyvek® disposable coverall 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 rate of duty will be 1.2% ad valorem.

There are no quota restrictions or visa requirements on this merchandise.

The question of eligibility for CBTPA treatment of the coverall from Nicaragua (New York Control Number NY I80454) is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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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