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NY L83435




April 6, 2005

CLA-2-62:RR:NC:TA:353 L83435

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040

Ms. Jill Simmons
International Trade Consultants, Inc.
9551 William Aiken Rd.
Ladson, SC 29456

RE: The tariff classification of disposable garments from China.

Dear Ms. Simmons:

In your letter dated March 15, 2005, on behalf of Ag Pro Vision, LLC, you requested a classification ruling. The samples will be returned to you as requested.

Four samples of disposable garments were submitted with your request. The garments are composed of non-woven textile fabric.

Style SP3-LS-XL is full-length disposable garment with long sleeves, elastic at the wrists, full back opening with self-fabric ties at the neck and lower back. On the sleeves and front of the garment there is thin polyethylene plastic sheeting.

Style SP2-SS-XL is a knee length disposable garment with short sleeves and a full back opening with a self-tie at the neck and lower back. At the front of the garment there is thin polyethylene sheeting.

Style SP1-LS-XL is a full length disposable coat with long sleeves, elastic at the wrists, full front opening, pointed collar, (resembling a shirt collar) and a full front opening with four pieces of hook and loop tape approximately 5 ½” apart. The garment also features two patch pockets at the front below the waist.

Style SP2-LS-XL is identical to SP3-LS-XL with the only difference being that it is knee length.

You state that the garments will be used in the food industry. The garments do not fit within the purview of garments designed for contaminated areas. Garments used in contaminated areas must be tight fitting at the neck, wrists and ankles and/or have an attached hood. The garments above clearly do not fit into this category.

The applicable subheading for the disposable garments, styles SP3-LS-XL, SP2-SS-XL and SP1-LS-XL, SP2-LS-XL will be 6210.10.9040, 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: Other: Other, Other." The duty rate will be 16% ad valorem. The textile category designation is 659.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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