CLA-2-39:RR:E:NC:N2:221

Mr. Alex Chen
Aro, Inc.
511 Winchester Drive
Yardley, PA 19067

RE: The tariff classification of shoe cover dispensers and shoe covers from China

Dear Mr. Chen:

In your letter dated June 7, 2007, you requested a tariff classification ruling.

You have requested a ruling on two automatic sanitary shoe cover dispensers, Models BT-EA and BT-EB, and refill boxes of disposable shoe covers. The dispensers are designed to cover the shoes of those entering a clean or sterile area with sanitary, disposable protective covers. The devices are ergonomically designed to apply the shoe covers without the need for bending or shoe removal. The dispensers are suitable for use in a wide variety of industries. Healthcare workers can maintain sterile environments while realtors can maintain the cleanliness of the homes being shown.

The shoe cover dispensers can hold shoe covers made either of plastic sheeting or of textile fabric. The dispenser features a traction and extension mechanism, a separation and hooking mechanism, a turning mechanism, a traction driving mechanism and a shoe cover box. The user puts his/her foot into the box containing the stretched shoe covers. As the foot is being withdrawn from the box, the shoe cover automatically conforms to the shape of the shoe. The shoe is encased by the shoe cover upon removal from the box.

Both models feature a self-contained motor (50W power with a voltage of 110V/-15% or 220V/-15%). The BT-EA has a net weight of 29 kg while the BT-EB has a net weight of 17.5 kg.

The refill boxes contain disposable shoe covers that will be used with the machines. The shoe covers may be manufactured either of plastic sheeting or of nonwoven textile fabric.

The applicable subheading for the automatic sanitary shoe cover dispensers, Models BT-EA and BT-EB, will be 8479.89.6500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: other machines and mechanical appliances: other: electromechanical appliances with self-contained electric motor: other. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for the refill boxes of shoe covers made of plastic sheeting will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the refill boxes of shoe covers made of nonwoven textile fabric will be 6307.90.9989, HTSUS, which provides for other made up textile articles, other. The rate of duty 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/.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division