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NY R01171




January 12, 2005

CLA-2-62:RR:NC:3:353 R01171

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 shirt and pants from China.

Dear Mr. Ingrao:

In your letter dated December 8, 2004, on behalf of International Enviroguard Systems, Inc., you requested a tariff classification ruling. An electronic photograph and description of each item was furnished.

The items are Styles 2201 Shirt and 2200 Pants. Both styles are constructed of a top and bottom layer of spun bonded polypropylene and a middle layer of melt blown polypropylene, known as spun bonded-melt down-spun bonded (SMS) fabric. Style 2201 Shirt is disposable and features long sleeves, pointed collar, open cuffs, open bottom and a full front four snap closure. Style 2200 Pants is disposable and features an elasticized waist and open cuffs.

Spun bonded-melt down-spun bonded (SMS) fabric offers strength, splash and particle resistance against many hazards; although the shirt has an open collar and cuffs and the pants have an open cuff, the items are considered designed for use in hospitals, clinics, laboratories or contaminated areas because of the properties of the fabric.

The applicable subheading for the Styles 2201 Shirt and 2200 Pants 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 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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