CLA-2 RR:CR:TE 961968 SS
Mr. Bill Ramia, Jr., Vice President
Alexander International
Memphis International Airport
P.O. Box 30209
Memphis, TN 38130
RE: Classification of apron and sleeve protectors; protective garments; heading 6211, HTSUSA; accessory; heading 6217, HTSUSA
Dear Mr. Ramia:
This is in response to your request on behalf of your client, United Protective Clothing, dated May 29, 1998, concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of an apron and sleeve protectors manufactured in Honduras. A sample of each of item was submitted with your request.
FACTS:
The full length bib apron is made of woven cotton denim material measuring approximately 10 inches at the bib, 29 inches at the waist and 35 inches in length. It has a shoelace style neck strap and straps that can be tied at the waist. The apron hangs to the knees and has a stitched hem. It does not have any pockets and the importer suggests that the article was constructed strictly for protection from the elements.
The sleeve protectors are made of the same woven cotton denim material and measure approximately 7 inches in width by 18 inches in length. There is an elastic hem at each end of the item.
The importer states that it is in the business of supplying disposable apparel to the medical, produce and industrial industries. Although the garments can be worn more than once, the garments are not designed to withstand the rigors of washing and drying. The garments are intended to be thrown away once they become soiled.
ISSUE:
What is the proper classification of the apron and sleeve protectors under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?
LAW AND ANALYSIS:
Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (“GRIs”). GRI 1 provides that classification shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI.
Historically, Customs has classified protective aprons under heading 6211, HTSUSA. See Headquarters Ruling Letter (HQ) 959540, dated April 7, 1997; HQ 961184, dated August 7, 1998; HQ 961736, dated November 30, 1998; HQ 961737, dated December 8, 1998; and HQ 961826, dated February 12, 1999. Heading 6211, HTSUSA, covers other woven garments. The EN to heading 6211 state that the EN to heading 6114, HTSUSA, which concerns other knitted or crocheted garments, apply mutatis mutandis, to the articles of heading 6211, HTSUSA. The applicable EN to heading 6114, HTSUSA, states, in part, as follows:
The heading includes, inter alia:
(1) Aprons, boiler suits (coverall), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc.
In accordance with the EN to heading 6114, HTSUSA, Customs classifies garments worn for protective purposes, such as aprons, as wearing apparel in heading 6211, HTSUSA, so long as they provide sufficient coverage to protect the wearer from dirt, stains, water, injury, etc. Bib aprons, similar to the apron at issue, have consistently been classified under heading 6211, HTSUSA, due to the fact that the aprons provide coverage from the neck or mid-chest to the knee area. See HQ 959540, HQ 961184, HQ 961736, HQ 961737 and HQ 961826 (cited above).
We find that the subject apron provides ample coverage to the wearer for protective purposes. The apron covers the wearer from the mid-chest level to the knee. The apron will protect the wearer’s clothing from dirt, water, etc. while performing a variety of tasks. Accordingly we find that the apron qualifies as a protective garment under heading 6211, HTSUSA.
Next, we address the issue of classification of the apron as a women’s or girls’ garment. Note 8 to Chapter 62, HTSUSA, pertains to the classification of garments by gender. It states, in pertinent part:
Garments which cannot be identified as either men’s or boys’ garments or as women’s or girls’ garments are to be classified in the heading covering women’s or girls’ garments.
Since the apron has no features which distinguish it by gender, it is classifiable in the heading covering women’s or girls’ garments.
Heading 6217, HTSUSA, provides for, inter alia, other made up clothing accessories. The EN to heading 6217, HTSUSA, specifically list “sleeve protectors” among the merchandise classifiable under the heading. Elasticized sleeve protectors similar to the sleeve protectors at issue have been classified under heading 6217, HTSUSA. In HQ 959672, dated September 20, 1996, Customs classified elasticized sleeves worn to protect clothing from the wrist to the elbow under heading 6217, HTSUSA. Also, in HQ 961737, dated December 8, 1998, Customs classified sleeve protectors used by welders to protect their clothes and bodies from flames during welding under heading 6217, HTSUSA. Accordingly we find that the subject sleeve protectors are classifiable under heading 6217, HTSUSA.
HOLDING:
The apron is classifiable under subheading 6211.42.0081, HTSUSA, which provides for “Track suits, ski-suits and swimwear; other garments; Other garments, women’s or girls’; Of cotton: Other.” The general column one duty rate is 8.4 percent ad valorem and the textile category is 359.
The sleeve protectors are classifiable under subheading 6217.10.9510, HTSUSA, which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other: Of cotton.” The general column one duty rate is 15 percent ad valorem and the textile category is 359.
The designated textile and apparel category may be subdivided into parts. If so, 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 negotiations and changes, we suggest that your client 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, your client should contact the 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