CLA-2-62:OT:RR:NC:N3 348
Donald Stein
Greenberg Traurig, LLP
2101 L Street, NW, Suite 1000 Washington, DC 20037
RE: The tariff classification of coveralls from China
Dear Mr. Stein:
In your letter dated September 29, 2023, you requested, on behalf of your client, Kimberly-Clark Global Sales, LLC, a tariff classification ruling.
The submitted sample, Style A35, is a pair of disposable coveralls. The coveralls are constructed from 100% polypropylene non-woven fabric laminated with a polyethylene film. The garment features an attached hood with elastic around the edge to cling to the head, long sleeves with elastic at the sleeve ends, long pant legs with attached boots, and a full front zipper that runs the full length of the torso. You state that it is designed to be used in contaminated areas as protection against contaminants.
The applicable subheading for Style A35-coveralls will be 6210.10.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Garments, made up of fabrics of heading 5602, 5603, 6903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Non-woven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas, Other." The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 6210.10.5090, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.65, in addition to subheadings 6210.10.5090, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Rosemarie Hayward at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division