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NY I88517




December 12, 2002

CLA-2-62:RR:NC:3:353 I88517

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.53.3010, 6211.43.0091, 6104.53.2010, 6114.30.3070, 6210.10.9040

Ms. Robin Lenart
Personal Care Wear
P.O. Box 15451
Brooksville, FL 36404

RE: The tariff classification of dignity garments from China.

Dear Ms. Lenart:

In your letter dated November 14, 2002 you requested a classification ruling. The samples will be returned to you.

The submitted samples are a 4-piece Reusable Honor Guard Set and a 2-piece Disposable Honor Guard Set. Persons who are either bathing or attending to toilet duties who require a caregiver to be present wear the garments.

The 4-piece Reusable Honor Guard Set consists of a reusable Shower Shield, Chest Shield, Terry Topper and Terry Chest Shield. The Shower and Chest Shields are constructed of woven nylon or polyester fabric that has undergone a water-resistant treatment, and are lined with a knit polyester mesh fabric. The garments are worn while a person is bathing or attending to personal care. The Shower Shield is a wrap-around skirt with hook and loop fasteners at the waist. It features three panels that overlap, allowing entry for personal hygiene and removing undergarments. The Chest Shield is an upper body garment for women. It covers only the front of the upper torso and features a self-fabric neck with hook and loop fasteners, and hook and loop fasteners to attach it to the Shower Shield. The Terry Topper and Terry Chest Shield are constructed of a knit 50% cotton, 50% polyester fabric with a knit 80% cotton, 20% polyester terry cloth fabric lining. The garments are worn over the Shower and Chest Shields to allow for the modest removal of those garments. The Terry Topper is a wrap-around skirt with hook and loop fasteners at the waist. The Terry Chest Shield is an upper body garment for women. It covers only the front of the upper torso and features a self-fabric neck with hook and loop fasteners, and hook and loop fasteners to attach it to the Terry Topper. There will also be a 2-piece Reusable Honor Guard Set for men consisting of the Shower Shield and Terry Topper.

The 2-piece Disposable Honor Guard Set consists of a Disposable Shower Shield and Chest Shield constructed of nonwoven spunbonded meltblown polypropylene (SMS) fabric, lined with a knit polyester mesh fabric. The Disposable Shower Shield is a wrap-around skirt with hook and loop fasteners at the waist. It features three panels that overlap, allowing entry for personal hygiene and removing undergarments. The Disposable Chest Shield is an upper body garment for women. It covers only the front of the upper torso and features a self-fabric neck with hook and loop fasteners, and hook and loop fasteners to attach it to the Disposable Shower Shield. The Disposable Shower Shield is also sold separately for men.

The 4-piece Reusable Honor Guard Set consists of four garments, two upper body garments and two wrap-around skirts. The 2-piece Reusable Honor Guard Set consists of two garments, a knit and a woven wrap-around skirt. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified, thus preventing the classification of items consisting of two or more garments as sets.

The applicable subheading for the Reusable Honor Guard Shower Shield will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women's or girls'dresses, skirts, divided skirtsknitted or crocheted : Skirts and divided skirts: Of synthetic fibers: Other, Women's.” The duty rate for 2002 will be 16.2% ad valorem and for 2003 will be 16.1% ad valorem. The textile category designation is 642.

The applicable subheading for the Reusable Honor Guard Chest Shield will be 6211.43.0091, 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, Other.” The duty rate for 2002 will be 16.2% ad valorem and for 2003 will be 16.1% ad valorem. The textile category designation is 659.

The applicable subheading for the Reusable Honor Guard Terry Topper will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’dresses, skirts and divided skirtsSkirts and divided skirts: Of synthetic fibers: Other, Women’s.” The duty rate for 2002 will be 16.2% ad valorem and for 2003 will be 16.1% ad valorem. The textile category designation is 642.

The applicable subheading for the Reusable Honor Guard Terry Chest Shield will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or girls’.” The duty rate for 2002 will be 15.1% ad valorem and for 2003 will be 15% ad valorem. The textile category designation is 659.

The applicable subheading for the Disposable Honor Guard Set and the Disposable Honor Guard Shower Shield will be 6210.10.9040, 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, Other: Other, Other.” The duty rate for 2002 will be 16.2% ad valorem and for 2003 will be 16.1% ad valorem. The textile category designation is 659.

Due to the fact that the Reusable Honor Guard Terry Topper and Terry Chest Shield are to be constructed of a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The Terry Topper and Terry Chest Shield will be classified as if they 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 Terry Topper and Terry Chest Shield 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.

Regarding a possible secondary classification in HTS 9817.00.96, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

While the information you submitted is sufficient to establish that the items are designed for the benefit of those suffering from an impairment which substantially limits the major life activity of caring for one's self, it does not directly address nor do you claim that it was designed for those with a permanent or chronic disability, as opposed to an “acute or transient disability” (U.S. Note 4-b-I to HTS Chapter 98, Subchapter 17). For example, Headquarters Ruling Letter 559916, 5-8-97, ruled that patient hospital gowns were not classified in 9817.00.96.

What features or other facts, if any, would make the use of either of your products unlikely by hospitals or home caregivers for use with those suffering from a transient disability, such as recovery from surgery?

Why do you sell a less durable, non-woven version? Can you point to any factors which would motivate a purchaser to choose the non-woven as opposed to the other? You state in your letter that it is disposable, and point to its use in unspecified facilities in which bodily fluids and laundering issues would be (particularly) important, but its packaging states, “Just rinse and hang dry for many uses.” Explain.

If possible, please supply a complete VHS videotape copy (or a transcript if only that is available) of the QVC presentation you refer to.

When this information is available, you may wish to consider resubmission of your request in regard to the HTS 9817.00.96 issue. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section

The Reusable Honor Guard Shower Shield and Reusable Honor Guard Terry Topper fall within textile category designation 642; the Reusable Honor Guard Chest Shield, Reusable Honor Guard Terry Chest Shield, the Disposable Honor Guard Set and the Disposable Honor Guard Shower Shield 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.

Please note that even if it is determined in the future that the articles are classified under 9817.00.60 and are not subject to the assessment of duty, they are still subject to quota restrictions and visa requirements.

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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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