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NY J80085




January 31, 2003

CLA-2-62:RR:NC:3:353 J80085

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000

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

RE: The tariff classification of nonwoven disposable dignity garments from China.

Dear Ms. Lenart:

You were issued binding ruling NY I88517 on December 12, 2003. As a new importer, you contacted the National Import Specialist (NIS) to gain a further understanding of the ruling. During the discussion, you became aware that certain information regarding the nonwoven garments, which you thought was unimportant, had not been supplied to the NIS. You now believe this information may be crucial in determining the proper classification of this particular merchandise, and have supplied such information. This ruling is based on the newly supplied information.

The submitted sample is a 2-piece Disposable Honor Guard Set consists of a Disposable Shower Shield and Chest Shield constructed of nonwoven water-resistant spunbonded meltblown (SMS) polypropylene 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 items are made in sizes Small, Medium, Large, X-Large and XX-large.

The garments are designed for the most intimate of personal care. Persons who are either bathing or attending to toilet duties who require a caregiver to be present wear the garments. This provides them with the ability to stay clothed and bathe in a dignified manner in another person’s presence. You have informed me that unlike the reusable garments, which are marketed to family home caregivers, the disposable garments are only marketed to skilled nursing facilities for use with long term care residents. The garments are low-cost and convenient as they are disposable, which spares the facility the problem and cost of laundering

The applicable subheading for the 2-piece Disposable Honor Guard Set and the Disposable Shower Shield 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 0.6% ad valorem.

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

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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