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NY L84401




May 19, 2005

CLA-2-63:RR:NC:N3:349 L84401

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.32.2040; 6210.10.5000

Mr. David Harris
DNA Products
P.O. Box 306
New York, NY 10032

RE: The tariff classification of a flat sheet and coverall from China.

Dear Mr. Harris:

In your letter dated April 22, 2004 you requested a classification ruling.

The submitted samples, identified as style 6655 and 7600, are a disposable flat sheet and coverall. Both items are made from 100 percent polypropylene non-woven fabric. The flat sheet is hemmed on all four sides. The coverall has a full front zippered opening, closed feet, elasticized cuffs, a pocket and an attached hood with an elasticized opening. You have stated that the coverall is designed for use in hospitals, labs and contaminated areas.

The applicable subheading for the disposable flat sheet will be 6302.32.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of man-made fibers: other sheets: not napped. The duty rate will be 11.4 percent ad valorem.

The applicable subheading for the disposable coverall will be 6210.10.5000, HTS, which provides for garments, made up of heading 5602,5603,5903,5906 or 5907: of fabrics of heading 5602 or 5603: other: non-woven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas. The rate of duty will be Free.

The sheet falls within textile category designation 666. 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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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