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NY L81003





December 2, 2004

CLA-2-62:RR:NC:3:353 L81003

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.5000

Mr. Richard Ingrao
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Building M2, Suite 110
Romulus, MI 48174

RE: The tariff classification of disposable coveralls from China.

Dear Mr. Ingrao:

In your letter dated November 19, 2004, on behalf of International Enviroguard Systems, Inc., you requested a tariff classification ruling.

You have submitted two samples. Style FSY2043 is a disposable coverall composed of three layers, two layers of spun-bonded polypropylene with a middle layer of melt-blown polypropylene (SMS) non woven fabric. The garment features a full frontal opening with a zipper closure with a storm flap, a tight fitting collar, long sleeves and long legs with open wrists and ankles and a pocket with a dosimeter tab or strip just above the pocket on the left chest.

Style FSY2046 is a disposable coverall composed of SMS polypropylene non-woven fabric. The garment features a full frontal opening with a zipper closure, a tight fitting collar with a storm flap, an elasticized back waist, long sleeves with elasticized cuffs and ankles and a pocket with a dosimeter tab or strip just above the pocket on the left chest and two back pockets on the wear.

You state the garments are specifically designed to protect the wearer from low-level radiation contamination during remediation work at nuclear facilities. The design features of the items, especially the tight fitting collars, elasticized wrist and ankles, dosimeter tab, as well as the material used to make the coveralls are characteristics associated with garments designed for use in contaminated areas.

The applicable subheading for Styles FSY2043 and FSY2046 will be 6210.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up 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 Free.

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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