CLA-2 CO:R:C:G 084164 LS

District Director of Customs
Lincoln Juarez Bridge
P.O. Box 3130
Laredo, Texas 78041-3130

RE: Internal Advice 11/89 concerning the classification of a nonwoven disposable coverall made of Tyvek spun-bonded olefin

Dear Sir:

This request for internal advice was initiated by a letter, dated September 28, 1988, from Siegel, Mandell & Davidson, P.C., on behalf of Texel Industries, Inc. At issue is entry no. 027-1803097-2, dated June 7, 1988. A sample was submitted for examination.

FACTS:

The merchandise at issue is a nonwoven disposable protective coverall (Style 2120-1Z) manufactured of Type 1422A (nonporous) Tyvek. Durafab, a division of Texel Industries, Inc., manufactures and imports the garment from Mexico. Tyvek is a patented material which is manufactured and sold exclusively by E.I. DuPont De Nemours & Company, Inc. (hereafter Dupont). Tyvek is a spunbonded olefin which is made of high density polyethylene fibers which are formed into a sheet by first extruding continuous strands of very fine, interconnected fibers and then bonding them together with heat and pressure to form a virtually impermeable fabric. Type 14 Tyvek is a "soft structure" product which is nonpermeable,

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and may be coated or noncoated. Type 1422A Tyvek is a noncoated Type 14 material which weighs approximately 1.10 to 1.20 ounces per yard. Dupont also manufactures a Type 16 Tyvek, which is also "soft structure," but is pin perforated with 10 to 15 mil holes. Type 16 Tyvek allows for the passage of more water vapor and air than Type 14 Tyvek.

The subject garment, Style 2120-1Z, is a one-piece coverall with a zippered front, long sleeves, and a collar. The submitted sample is size extra large. Style 2120-1Z is also made in sizes small, medium, and large. The sample is submitted in a plastic bag which contains pictures of a coverall, labcoat, and two piece garment. The following statement is included on the bag: "Quality designed produced and inspected . . . all purpose protective clothing and accessories." The importer, through its attorney, has informed us that the plastic bags are used solely for shipping samples to potential customers and that these packaged samples include different styles of coveralls, whether or not they are made of Tyvek. The subject coveralls are shipped in cartons in bulk to customers. Inside the collar of Style 2120-1Z is a sewn label which reads, in part: "The dimensions of this garment meets or exceeds the requirements of ANSI/ISEA 101-1985" [sic]. Durafab states that this coverall is cut larger than standard cloth overalls. The "ANSI/ISEA 101-1985" is a standard accepted and published by the American National Standards Institute which is intended to provide minimum requirements for finished garment dimensions, labeling, and packaging of men's limited use and disposable protective coveralls. Garments which meet the requirements of the standard provide the user with an assurance of the minimum level of fit.

Texel Industries, Inc., through its attorney, contends in the internal advice request that Style 2120-1Z is classifiable in item 384.9305, TSUSA, which provides for "nonwoven disposable apparel designed for use in hospitals, clinics, laboratories, or contaminated areas," and not in item 384.9310, TSUSA, which provides for "coveralls, overalls, jumpsuits, and similar apparel," textile category 659. The importer claims that classification in item 384.9305, TSUSA, is proper because the garment is specially designed for, and primarily used, in contaminated areas. Among the most common contaminants which this garment protects against are asbestos, radioactive dust, pesticides, and viral agents which have plagued the poultry industry, such as the Avian flu. Texel Industries, Inc. states that the subject merchandise is the predominant garment used for contaminant protection in the asbestos work field. The garment is also used to protect the environment from contamination by individuals, such as in clean room applications and laboratories. When garments made of Type

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1422A Tyvek are used in clean room environments, they are generally for onetime use, as compared with garments made of a heavy weight Tyvek (Type 1445), which can be recleaned and reused a number of times before discarding. We are informed that although the subject garment may be used in other than contaminated areas, such as the food handling industry, it is primarily used to protect workers against toxic chemicals.

The importer claims that the classification of the instant garment is not governed by Headquarters Ruling Letter (HRL) 080056, dated August 27, 1987, which determined that a nonwoven disposable coverall made of 100 percent spun-bonded polypropylene was classifiable in item 384.9310, TSUSA, rather than item 384.9305, TSUSA. The garment in that ruling was not found to be designed for use in hospitals because it had no features which adapted it for that purpose. The ruling concluded that the garment appeared to be "multi-purpose" because similar garments were being imported with different labels indicating non-medical uses such as car maintenance. The garment appeared to serve the overall purpose of preventing one's clothing worn underneath from getting dirty. HRL 080056 also compared the garment to another coverall sold by the same importer. The other coverall was described as "identical," except that it was constructed of a different nonwoven fabric, and was used for dirty industrial jobs. The comparison garment was made of spun bonded olefin which was described as "Tyvek." HRL 080056 concluded that the garment at issue could not be said to be designed for use in hospitals because both it and the Tyvek garment had exactly the same design and were claimed to be used for different functions.

Texel Industries, Inc. contends that HRL 080056 is in error in determining that Tyvek coveralls are multi-purpose garments. The importer assumes that Headquarters was not apprised of, and therefore, failed to consider the special properties of both Tyvek and the protective garments made from that material. The importer also argues that HRL 080056 is in error with respect to its classification of the coverall made of 100 percent spun-bonded polypropylene. Texel Industries, Inc. reasons that the finding that the coverall could be used in hospitals, clinics, laboratories or contaminated areas indicates that it is suitable for such uses and, therefore, must have been specially designed with particular features which adapt it for those purposes. The importer's position is that a highly protective special purpose fabric used in manufacturing the subject protective garment is one of the most important features of such a garment, and is evidence that the garment is designed for use in contaminated areas.

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ISSUE:

Whether the subject coverall is classifiable in item 384.9305, TSUSA, as "nonwoven disposable apparel designed for use in hospitals, clinics, laboratories, or contaminated areas," or in item 384.9310, TSUSA, as "coveralls, overalls, jumpsuits, and similar apparel," textile category 659?

LAW AND ANALYSIS:

Item 384.93, TSUSA, provides for "Other women's, girls', or infants' wearing apparel, not ornamented: of man-made fibers: Not Knit: Other: Other: Nonwoven disposable apparel designed for use in hospitals, clinics, laboratories, or contaminated areas [statistical breakout 384.9305]; coveralls, overalls, jumpsuits and similar apparel [statistical breakout 384.9310]; . . . ."

Since the subject garment is classifiable in item 384.93, TSUSA, we must further determine whether it meets the criteria for "nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas," in item 384.9305, TSUSA, which does not provide for a textile category number. If it is not classifiable in that provision, then it would be classifiable in item 384.9310, TSUSA, textile category number 659.

It is established that the subject garment is nonwoven disposable apparel. The issue that must be decided is whether it is "designed for use in hospitals, clinics, laboratories, or contaminated areas." The term "use in contaminated areas" is not defined in the TSUSA, and there is no legislative history covering item 384.9305, TSUSA, since this statistical breakout was administratively created by the "484(e) Committee," which consists of representatives of the Department of the Treasury, the Department of Commerce, and the International Trade Commission and was established pursuant to section 484, Tariff Act of 1930. There are also no prior rulings which specifically interpret this term. The term appears to cover the type of contamination area uses of the subject garment, i.e., radioactive, pesticide, asbestos, and chemical contamination, as well as environments where there is bacterial or viral contamination, such as poultry farms affected by outbreaks of the Avian flu virus.

There have been several court decisions interpreting the term "designed for use" or similar language under the TSUSA, and the Tariff Acts of 1913 and 1930. In United States v. Faber, 7 Ct. Cust. Appls. 406, T.D. 36980 (1917), the phrase "designed to be worn on apparel or carried on or about or attached to the person," found in paragraph 356 of the Tariff Act of 1913, was interpreted to include only articles that were

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"peculiarly and specially fitted for being carried on or about the person and devoted to such use." In Plus Computing Machines, Inc. v. United States, 44 CCPA 160, C.A.D. 655 (1957), the court held that the phrase found in paragraph 372 of the Tariff Act of 1930, i.e., "specially constructed for" a particular purpose, when used in reference to an article, means that the article includes particular features which adapt it for that purpose. The court noted that the purpose need not be the sole or principal one served by the article. The court held that a machine with structural features which served the specific purpose of enabling it to multiply and divide and which incorporated those features solely for that purpose was "specially constructed for multiplying and dividing." This machine was clearly distinct from one designed for no purpose other than addition or subtraction.

In American Astral Corp. v. United States, 62 Cust. Ct. 563, C.D. 3827 (1969), the Customs Court held that certain gloves which were shown to be specially designed for use in the game of tennis were properly classifiable as lawn tennis equipment. Among the factors considered by the court were: (1) the unique features incorporated in the gloves, such as a terry cloth backing and a lambskin palm designed to absorb moisture, which were not found in other types of sporting gloves or dress gloves; (2) the nature of the importer's business; (3) how the gloves were advertised in the trade; (4) the types of stores where the gloves were sold; and (5) how the gloves were packaged. The court noted that the fact that the gloves had other possible uses did not preclude their classification as sporting equipment.

In another sports glove case, Sports Industries, Inc. v. United States, 65 Cust. Ct. 470, 473, C.D. 4125 (1970), the court held that "whether an article is 'specially designed' or 'specially constructed' for a particular purpose may be determined by an examination of the article itself, its capabilities, as well as its actual use or uses." The court found that gloves which were made of a non-porous rubber material were designed for use in the sport of skin diving or scuba diving to protect the hands and to keep them warm, and were therefore classifiable as gloves specially designed for use in sports rather than as other rubber gloves. The record showed that those gloves were used primarily, if not exclusively, in the sport of underwater swimming, and were not suitable for any other practical use. In Porter v. United States, 76 Cust. Ct. 97, C.D. 4641 (1976), the court found that certain gloves were specially designed for use in the sport of motocross racing, even though they were not used exclusively for that sport. One of the expert witnesses testified that

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although the motocross gloves would increase protection in ordinary motorcycle riding, the street rider would find the gloves to be uncomfortable because they offered no protection from the cold. In addition, another expert testified that the gloves at issue were of the type that would comply with the American Motorcycle Association Motocross Competition Rule Book's requirements for certain protective clothing and equipment, which included gloves.

In deciding whether an article is classifiable in a "designed for use" provision, the controlling factor, as reflected in the above court decisions and in HRL 080056 and 081415, is whether the article has particular features which adapt it for the stated purpose. In HRL 081415, dated May 2, 1989, Customs determined that certain bouffant-style hats were not classifiable as nonwoven disposable headgear designed for use in hospitals, clinics, laboratories, or contaminated areas because they had no special design features which distinguished them from the same style caps used in other environments.

The two main characteristics of the subject coverall which the importer claims are special design features are the use of Tyvek material, which has superior barrier and chemical resistance properties, and the garment's unique fuller-body size and shape. The latter feature is said to distinguish the coveralls from general purpose cloth coveralls. Texel Industries, Inc. claims that the instant garment is specially designed to fit loosely over general purpose cloth coveralls, and meets the American National Standard size and labeling requirements for men's limited use and disposable protective coveralls.

The evidence presented by the importer indicates that the Type 14 Tyvek used to make the subject coverall has unique properties which make it designed for use in contaminated areas. Dupont states that Tyvek was developed in 1967 specifically as a protective material for hazards like asbestos. Texel Industries, Inc. has submitted several independent laboratory studies which were conducted for the purpose of determining the specific suitability of Tyvek, and garments manufactured therefrom, for use in protecting workers against specific hazards and contaminants. The laboratory tests analyzed the effectiveness of Tyvek in protecting against penetration by asbestos fibers, radioactive particulates, fiberglass, and carbaryl pesticide dust.

One of the unique properties of Type 14 Tyvek which makes it designed for use in contaminated areas is its impermeability. The superior barrier properties of Tyvek are attributed to the manufacturing process of bonding the fibers with heat and pressure. With respect to its effectiveness as a

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barrier against asbestos, studies conducted for Dupont have shown that Type 14 Tyvek blocks the penetration of over 99 percent of asbestos fibers that are less than 0.5 microns in diameter. Tyvek is compared with 1.5 oz. "air permeable" SB/Meltblown polypropylene fabric which blocks the penetration of only 73.9 percent of such fibers. According to Dupont and the National Institute of Occupational Safety and Health, these small fibers make up a large percentage of airborne asbestos and are the most active in producing cancerous tumors. With respect to carbaryl pesticide dust, Tyvek 1422A is greater than 97 percent effective as a barrier after four hours of pressurized exposure to particles as small as .6 microns.

Another property of Tyvek which makes it suitable for use in contaminated areas is its chemical resistance. This characteristic is attributable to the chemical properties of the polyethylene fibers. Dupont states that Tyvek is resistant to most organic and inorganic chemicals and inert to most acids, bases, and salts. It provides splash protection because its continuous polyethylene fibers are non-absorbent and essentially inert. Dupont supplies a chemical permeation guide for various Tyvek fabrics, which shows the breakthrough time and permeation rates of various chemicals. Tyvek 1422A, which is an uncoated Tyvek, appears to be most effective against dry particulates such as asbestos and carbaryl pesticide dust. Further protection against hazardous liquid chemicals is provided by coated Tyvek material, such as polyethylene coated Tyvek or Saranex laminated Tyvek.

The literature submitted by Texel Industries, Inc. also states that Tyvek's relatively slick polyethylene surface acts as a further barrier against particle entrapment. Tyvek has high tensile/tear strength in all directions because its continuous fibers are spunbonded in all directions. It keeps this strength whether it is wet or dry. Tyvek also has good puncture and abrasion resistance, and is said to stay tough and flexible down to -100 degrees Fahrenheit.

Based upon the evidence presented, we find that the importer has shown that the use of Type 14 Tyvek, a highly protective special purpose fabric, is a special design feature of the coverall at issue.

Another feature of Style 2120-1Z is the use of serged seams, which is a type of seam commonly utilized in the manufacture of protective apparel. The serged seams are produced with a rolled edge which exposes fewer needle holes for penetration by small particulates and which also serves to tighten and strengthen the seam under stress.

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It should be noted that although Style 2120-1Z does not have an attached hood or shoe cover, it is usually worn with these separate accessories, which are sold by Durafab and usually taped to the garment. Durafab does sell another style garment which has attached shoes and a hood.

As to the garment's fuller-body size and shape, which makes it designed to fit loosely over general purpose cloth coveralls, we are not convinced that this is a special design feature which distinguishes it from general purpose coveralls. We acknowledge that the American National Standard, which applies to men's limited use and disposable protective coveralls, assures a minimum level of fit. We are told that the fit of a protective garment can affect safety. However, it appears that at least some general purpose coveralls are also designed to be worn over other apparel.

The importer's statement that the subject garment is accepted and recommended as personal protective apparel by the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), and the National Institute of Occupational Safety and Health (NIOSH) is further evidence that it is designed for use in contaminated areas. The OSHA standards with respect to exposure to asbestos and other toxic and hazardous substances are found in 29 CFR 1910.1000-.1500. 29 CFR 1910.1001(h)(1) provides that if an employee is exposed to asbestos or the other named substances above the permissible exposure limit set forth in 29 CFR 1910.1001(c), the employer is required to provide the employee with appropriate protective work clothing and equipment, which includes: (1) coveralls or similar full-body work clothing; (2) gloves, head coverings, and foot coverings; and (3) face shields, vented goggles, or other appropriate protective equipment. The importer has submitted information from the Mine Safety Appliances Co., which manufactures and distributes occupational health and safety equipment. That information, which is provided to customers to help them comply with OSHA asbestos standards, lists disposable Tyvek clothing as one of the "suggested and acceptable" products.

In addition to these governmental standards, Texel Industries, Inc. has submitted a portion of the Safety Equipment Institute's Certified Product List for Personal Protective Equipment which mentions the subject coveralls under the section for men's limited use and disposable coveralls. The importer has also submitted Guidelines for the Selection of Chemical Protective Clothing prepared for the U.S. Coast Guard which lists the subject garment, by code, as meeting those guidelines.

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Texel Industries, Inc. has also presented substantial evidence regarding the marketing of Tyvek by Dupont and its own marketing of the subject coverall and other Tyvek coveralls. We find that this evidence further supports the contention that the coveralls are designed for use in contaminated areas. For example, Dupont states that between 95 to 99 percent of soft structure Tyvek styles are sold directly to apparel manufacturers to be made into protective clothing used in hazardous, toxic, or barrier/clean room environments on a one- time use basis. Most of the remaining soft structure Tyvek is used in the manufacture of clothing in limited use areas where the concern is to prevent contamination of undergarments or work clothes with substances that are not carcinogenic. Less than 1 percent of such Tyvek is said to be used for other than safety/barrier purposes.

With respect to marketing of the coveralls, Durafab states that it designs and manufactures a broad range of protective clothing and accessories which it sells through safety representatives to distributors. Protective clothing is defined by the American Society for Testing and Materials as "any material or combination of materials used in an item of clothing for the purpose of isolating parts of the body from direct contact with a potentially hazardous substance." Durafab's engineers and trained personnel specially design garments. They advise industrial hygienists or other safety personnel employed by end users as to the most appropriate protective garment for a particular job. The type of material used (such as Type 14 Tyvek, Type 16 Tyvek, laminated Tyvek, or other nonwoven material) and the design of the garment is dependent upon the nature of the contaminant to which the wearer is exposed. Durafab often designs garments to fit a particular industry. As noted above, the instant coverall is the predominant garment used for contaminant protection in the asbestos work field.

Texel Industries, Inc. has also submitted statements from various health and safety equipment distributors, trade associations, and end users, including federal government laboratories, who agree that Tyvek disposable protective coveralls are well recognized as being designed and well suited for use in the types of contaminated areas described by Texel Industries, Inc. in its submission. There is a consensus in these statements that Tyvek protective coveralls are generally not used as general purpose garments to protect against dirt and grime, and are not interchangeable with such garments. Most of the submitted statements compare Tyvek garments to general purpose coveralls made of cotton or woven man-made fiber. Because Tyvek garments do not "breathe," they are described as extremely uncomfortable, as compared to

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cloth coveralls which are cooler and less constricting. Due to this factor, a director of a hazardous waste program at a university research institute states that a Tyvek coverall would not be worn unless it was absolutely required to protect against contamination. One of the supply companies states that although the initial cost of a single Tyvek disposable garment is less than that of a cotton coverall, the cost of purchasing such disposable garments on a routine basis would rapidly exceed the purchase price, combined with the laundering costs, of a reusable garment. Although these statements compare Tyvek garments to cloth coveralls, some of the comparisons also apply to other nonwoven disposable clothing. For example, the coverall made of 100 percent spun bonded polypropylene, which was ruled upon in HRL 080056, was air permeable and therefore more comfortable to wear than a garment made of Type 14 Tyvek. Because the polyethylene fibers which compose Tyvek undergo a special heat and pressure treatment process, Tyvek garments are likely to be more expensive than the 100 percent spun bonded polypropylene garments, which are not subject to this process.

Texel Industries, Inc. has also presented substantial evidence indicating that its advertising is directed toward protective garment users and is specifically aimed at industrial hygienists and safety engineers.

Although the Tyvek protective coveralls manufactured and sold by Durafab, including the instant coverall, are primarily used to protect workers against hazardous or toxic chemicals, these garments are also claimed to meet the design criteria for use in hospitals, laboratories, and other "clean room" applications. Coveralls and two-piece garments made of Tyvek are worn by hospital workers as protection from hazardous chemicals used in patient treatments and in the preparation and application of these chemicals. The garments also afford protection from chemical waste and human waste. In addition, they are worn by hospital laundry workers and other hospital workers who clean areas where contaminants are found.

We next address the importer's claim that the classification of the instant protective Tyvek coverall, Style 2120-1Z, should not be predicated upon HRL 080056. HRL 080056 found that the coverall made of 100 percent spun bonded polypropylene could not be said to be designed for use in hospitals because it did not have particular features which adapted it for that purpose. The ruling compared that coverall to another coverall sold by the same company, which was "of identical configuration," made of a different nonwoven material, i.e., Tyvek, and intended for dirty industrial

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jobs. It was reasoned that the coverall made of 100 percent spun bonded polypropylene could not be said to be designed for use in hospitals because both garments had exactly the same "design" and were claimed to be used for different functions.

We do not modify HRL 080056 as to its result because, based on the evidence provided, we found that the subject coverall did not have particular features which made it designed for use in hospitals. However, we find that HRL 080056 was too narrow in its interpretation of item 384.9305, TSUSA, in that it focused on the similarities in configuration or shape between the subject coverall and the Tyvek coverall, and attached little, if any, significance to the differences between the fabrics composing each garment. It was evident in American Astral Corp. v. United States, supra, and Sports Industries, Inc. v. United States, supra, that the type of material used in manufacturing a product can be considered a special design feature.

In HRL 080056, the importer submitted a sample of the Tyvek material used to make the Tyvek garment. Our laboratory analysis of the sample reveals that the fabric is a Type 14 Tyvek. The 100% spun bonded polypropylene which comprised the garment claimed to be designed for use in hospitals in HRL 080056 differs considerably from the sample Type 14 Tyvek submitted in that case. First, it is made of polypropylene while Tyvek is made of polyethylene. However, more importantly, a laboratory microscopic analysis of the polypropylene material indicates that there has been no heat treatment after the spunbonding process. Thus, the polypropylene material is not subjected to the same heat and pressure treatment as the polyethylene used in Tyvek. Consequently, the 100% spun bonded polypropylene is less durable and is air permeable, which makes it highly "breathable." In addition, when the polypropylene is wetted, it absorbs water, while the Tyvek does not allow the penetration of water or water-borne contaminants. Because the garment made of 100% spun bonded polypropylene is permeable, it would not provide the barrier protection needed when the wearer is exposed to hazardous substances or contaminants.

A further examination of the Type 14 Tyvek material submitted in HRL 080056 shows that it is thinner than the Type 14 Tyvek used to make the coverall in the instant case. We are informed by our Office of Laboratories and Scientific Services that the thickness of the Tyvek only affects the puncture resistance of the material. Since both Tyvek materials appear to be equally effective in providing barrier protection against hazardous contaminants such as asbestos, radioactive dust and

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pesticides, we find that HRL 080056 was in error to the extent that it suggests that a coverall made of the submitted Type 14 Tyvek material is only for dirty industrial jobs, and therefore is not "designed for use" in contaminated areas. Literature from Dupont was submitted in HRL 080056 which mentions the varied industrial uses of Type 14 Tyvek clothing. Most of those uses relate to safety applications, such as use with asbestos, radioactive contaminants, lead dust, PCB, and pesticide sprays. The literature also mentions use of Type 14 Tyvek for dirty job applications, such as for spray painting, sandblasting, and routine inspection. Type 16 Tyvek, which is of microporous construction, thereby allowing the fabric to breathe, is generally indicated for dirty job applications.

We also find that HRL 080056 was in error to the extent that it infers that a garment which has multiple uses cannot be considered "designed for use in hospitals, clinics, laboratories, or contaminated areas." The fact that a garment could be used in general industrial, business, or home environments, as well as in hospitals, should not be the determinative factor in deciding that it is not classifiable in item 384.9305, TSUSA. As discussed above, in American Astral Corp. v. United States, 62 Cust. Ct. 563 (1969), the Customs Court found that the fact that the subject glove had possible uses other than in the game of tennis did not preclude its classification as sporting equipment. In Plus Computing Machines, Inc. v. United States, supra, the court held that the phrase "specially constructed for" a particular purpose did not mean that that purpose must be the sole or principal one served by the article. As stated in HRL 081415, the controlling factor is whether the article has design features which peculiarly adapt it for use in the environments specified in the applicable tariff provision. If such features exist, the fact that the article can conceivably be used, and is used, in other environments does not negate a finding that it is "designed for use" in hospitals, clinics, laboratories, or contaminated areas. We, however, disagree with Texel Industries, Inc.'s contention that actual use of the subject garment in contaminated areas leads to a presumption that the garment is designed for use in such areas. An importer has the burden of showing that the article has special design features which adapt it to those uses.

We find that the importer, Texel Industries, Inc., has met that burden based on the evidence summarized above. In addition to the special design features, the importer has shown that the marketing, advertising, and sale of the garment are all directed toward uses which qualify as "contaminated areas," as that term is used in item 384.9305, TSUSA. Therefore, the subject coverall is found to be "designed for use" in contaminated areas for purposes of classification in item 384.9305, TSUSA.

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HOLDING:

For the foregoing reasons, the subject coverall, Style 2120-1Z, is classifiable in item 384.9305, TSUSA. The 1988 rate of duty is 17 percent ad valorem. Under the Harmonized Tariff Schedule of the United States, this coverall is classifiable in subheading 6210.10.4010, which provides for "nonwoven disposable apparel designed for use in hospitals, clinics, laboratories, or contaminated areas." Our ruling is limited to this coverall, which is made of Type 14 Tyvek, and would not apply to a coverall made of Type 16 Tyvek which allows the penetration of certain contaminants. Pursuant to 19 CFR 177.9(d), HRL 080056, dated August 27, 1987, is modified in accordance with the foregoing analysis.

Sincerely,

John Durant, Director
Commercial Rulings Division

schreiber library 084164LS
6cc: Area Director, New York Seaport
2cc: Chief, CIE
1cc: Regional Commissioner, Houston Texas
1cc: Regulatory Trade Programs Division 1328
LSchreiber:jaj:8/24/89