CLA-2 CO:R:C:T 089069
TARIFF NUMBER: 6307.90.9490
Ms. Patty Iacono
Gladish & Associates
215 Long Beach Blvd., # 511
Long Beach, California 90802
RE: Modification of District Ruling Letter (DD)
858527; Classification of Shoe Covers and
Beard Covers; Heading 6307
Dear Ms. Iacono:
In District Ruling Letter (DD) 858527 of December 20, 1990,
you received a tariff classification ruling under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA) for
certain nurses' caps, shoe covers and beard covers. We have
recently had occasion to review this ruling with regard to the
shoe covers and beard covers. Our decision follows.
FACTS:
DD 858527 classified the shoe covers and beard covers in
subheading 6210.10.4010, HTSUSA, which provides for garments,
made up of fabrics of Headings 5602, 5603, 5906 or 5907: of
fabrics of Heading 5602 or 5603: other. This section of the
ruling letter is the part which we have been asked to
reconsider.
The ruling describes these articles as "... made from a
nonwoven spunbonded propylene material. They are all very basic
loose fitting shapes with elastic edging around their openings."
they are said to be used chiefly in semi conductor manufacturing
clean rooms.
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ISSUE:
Whether shoe covers and beard covers are classifiable as
garments or other made up articles under the HTSUSA?
LAW AND ANALYSIS:
Heading 6210, HTSUSA, provides for "garments", a term which
although not defined under the nomenclature is nevertheless
commonly understood to mean apparel which covers, at minimum, the
trunk of the body. The legal notes to Chapter 62, HTSUSA,
support this concept. In defining the term "ensemble," Note 3(b)
requires one garment designed to cover the upper part of the
body ... and one or two different garments, designed to cover
the lower part of the body."
Customs Headquarters Ruling Letter (HRL) 081945 of January
29, 1990, held that certain disposable shoe covers (if made of
textile fabric) were classified in Heading 6307, HTSUSA, as other
made up articles of textile fabric, including dress patterns:
other: other: other: other. New York Ruling Letter (NY) 841125
of May 23, 1989, arrived at a similar conclusion. These letters
held that similar items were classified under the provision for
other made up articles, including dress patterns: other: other:
other, in subheading 6307.90.9590, HTSUSA (currently this
subheading is 6307.90.9490).
We find that the instant merchandise does not qualify as
garments for tariff purposes, but is similar in all material
respects to the merchandise classified in the letters cited
above. Accordingly they are classified in Heading 6307, HTSUSA.
HOLDING:
The instant shoe covers and beard covers are classified in
subheading 6307.90.9490, HTSUSA, dutiable at the ad valorem rate
of 7 percent.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying DD
858527 to reflect the above classification effective with the
date of this letter. However, if after your review, you
disagree with the legal basis for our decision, we invite you to
submit any arguments you might have with respect to this matter
for our review. Any submission you wish to make should be
received within 30 days of the date of this letter.
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This notice to you should be considered a modification of
DD 858527 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to DD 858527 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
merchandise under that ruling. However, for the purposes of
future transactions of merchandise of this type, DD 858527 will
not be valid precedent. We recognize that pending transactions
may be adversely affected by this modification, in that current
contracts for importations arriving at a port subsequent to this
decision will be classified pursuant to it. If such a situation
arises, you may, at your discretion, notify this office and
apply for such relief from the binding effects as may be
warranted by the circumstances. However, please be advised that
in some instances involving import restraints, such relief may
require separate approvals from other government agencies.
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 your local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
johnson library
089069