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NY N011590




June 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040, 6307.90.9889

Ms. Diana Garcia
Uniform Advantage
P.O. Box 968788
Weston, FL 33326-8778

RE: The tariff classification of nonwoven apparel and a face mask from China.

Dear Ms. Garcia:

In your letter received in this office on May 23, 2007, you requested a classification ruling. The samples will be retained by this office.

The submitted samples are Style #’s 3660 Knee Length Extra-Safe™ Lab Coat, 3630 Hip Length Extra-Safe™ Jacket and a face mask, no style number provided. You state that the merchandise will be worn by dentists and dental hygienists.

The Style #3660 Knee Length Extra-Safe™ Lab Coat is constructed of SMS nonwoven fabric and features knit collar and cuffs, left over right 5-snap full front closure, one chest patch pocket and two patch pockets below the waist. The Style #3630 Hip Length Extra-Safe™ Jacket is constructed of SMS nonwoven fabric and features knit collar and cuffs, left over right 3-snap full front closure, one chest patch pocket and two patch pockets below the waist. The face mask is constructed of nonwoven fabric, measures approximately 7 x 3¼ inches and is secured behind the ears by means of elastic cord.

The Style #’s 3660 Knee Length Extra-Safe™ Lab Coat and 3630 Hip Length Extra-Safe™ Jacket are static free, fluid resistant and meet OSHA requirements. They can be placed in an autoclave and washed up to five times; therefore, they are not considered disposable apparel.

The applicable subheading for the Style #’s 3660 Knee Length Extra-Safe™ Lab Coat, 3630 Hip Length Extra-Safe™ Jacket will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments, made up of fabrics of heading 5602 or 5603: other: other, other. The duty rate will be 16% ad valorem.

The applicable subheading for the face mask will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up textile articles, other.” The duty rate will be 7% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style #’s 3660 and 3630 fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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