CLA-2 R:C:T 958389 jb
Tufco Industries, Inc.
P.O. Box 23500
Green Bay, WI 54305-3500
RE: Modification of DD 812396; disposable coverall is a multi-purpose garment; no special features indicative for use in hospitals, clinics, laboratories or contaminated areas
Dear Ms. Wundrock:
On August 2, 1995, you were issued District ruling (DD) 812396, classifying disposable
coveralls in subheading 6210.10.5000, HTSUSA. This letter is to inform you that upon review of
that decision, we have determined that DD 812396 is in error. Accordingly, we are modifying the
determination in DD 812396 to reflect the proper classification of the merchandise in the
appropriate subheading in heading 6210, HTSUSA.
The merchandise in question is a disposable one piece garment made up of nonwoven
spun-bonded polypropylene fabric. It features long sleeves with elasticized cuffs, full length legs
with full openings with open cuffs at the ankles, a non-elasticized collar opening and a full length
zippered front closure. In DD 812396, the garment was classified in subheading 6210.10.5000,
HTSUSA, in the provision for nonwoven disposable apparel designed for use in hospital, clinics,
laboratories, or contaminated areas.
Whether the subject garments are classifiable under subheading 6210.10.5000, HTSUSA,
which provides for "[G]arments made up of fabrics of heading 5602 or 5603: other nonwoven
disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas," or
under subheading 6210.10.9010, HTSUSA, which provides for "[G]arments made up of fabrics of
heading 5602 or 5603: other: other: other... overalls and coveralls" which do not qualify as
apparel designed for use in hospitals, clinics, laboratories or contaminated areas?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed by the General Rules of
Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of
the headings and any relative section or chapter notes, taken in order. Where goods cannot be
classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their
Heading 6210, HTSUSA, provides for "[G]arments, made up of fabrics of heading 5602,
5603, 5903, 5906 or 5907." Heading 5603, HTSUSA, provides for nonwoven fabrics. As the
subject garment is made from nonwoven fabric, it is classifiable within heading 6210, HTSUSA.
The determinative issue is whether the subject garment is classifiable under subheading
6210.10.5000, HTSUSA, or subheading 6210.10.9010, HTSUSA.
Customs will classify a garment in subheading 6210.10.5000, HTSUSA, in the provision
for apparel "designed for use in hospitals, clinics, laboratories or contaminated areas", if it has an
established commercial acceptability for such uses. Customs has previously determined whether a
garment will qualify for classification as a protective garment of subheading 6210.10.5000,
HTSUSA, on the basis of the garment's physical design and properties, as well as how it is
marketed, advertised and sold. In HQ 086972, dated July 12, 1990, a similar disposable garment
which was composed of Tyvek and featured a hood and open cuffs at the wrists and ankles, was
classified as a protective garment for use in hospitals, clinics, laboratories or contaminated areas.
That decision was based on the fact that the garment was constructed of Tyvek. Tyvek's
properties such as relatively slick polyethylene surface, high tensile/tear strength, and good
puncture and abrasion resistance were found to be designed for use in environments named in the
The instant garment does not possess the design features afforded by Tyvek. It also does
not provide for a snug fit at the neck area, it lacks an elasticized hood or one that can be tied to
provide for a snug fit, and lacks elasticized foot cuffs or boots to cover the wearer's shoes. A
review of your customer base reveals that it consists primarily of paint, automotive and hardware
establishments. Advertising literature similarly is conclusive that these coveralls are multi-purpose
garments; the print reads "ideal for painting, gardening, car repairs and wall papering."
Accordingly, it is the opinion of this office that the submitted garment has no particular
features rendering it suitable for use in hospitals, clinics, laboratories or contaminated areas. It is
not specially designed for such uses. Rather, the subject merchandise is a multi-purpose garment
which may be used in many different environments, such as homes, yards and garages. As such,
the subject merchandise is properly classified in subheading 6210.10.9010, HTSUSA.
DD 812396 will be modified to reflect proper classification of the merchandise in
subheading 6210.10.9010, HTSUSA.
The subject disposable coveralls are properly classified in subheading 6210.10.9010,
HTSUSA, which provides for "[G]arments, made up of fabrics of heading 5602, 5603, 5903,
5906 or 5907: of fabrics of heading 5602 or 5603: other: other: other; overalls and coveralls. The
applicable rate of duty is 16.9 percent ad valorem and the quota category is 659.
The designated and apparel categories may be subdivided into parts. If so, the visa and
quota requirements applicable to the subject merchandise may be affected. Since part categories
are the result of international bilateral agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available we suggest you check, close to the time
of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the
U.S. Customs Service which is updated weekly and is available at the local Customs office.
Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the
classification) and the restraint (quota/visa) categories, you should contact the local Customs
office prior to importing the merchandise to determine the current status of any import restraints
John Durant, Director
Commercial Rulings Division