CLA-2-63:OT:RR:NC:N3:351
Mr. Nick Laviola
Tronex International
300 International Drive
Mount Olive, NJ 07828
RE: The tariff classification of a facemask with plastic shield from China
Dear Mr. Laviola:
In your letter dated December 7, 2023, you requested a tariff classification ruling. You provided samples of three nonwoven disposable face masks with a plastic eye shield with your request. The samples will be retained for training purposes.
The samples, described as an “Anti-Fog Procedure Mask,” are unisex nonwoven disposable face masks with a nonremovable plastic eye shield that provides coverage to the mouth, nose, and eyes. The pleated face masks which cover the mouth and nose are composed of three layers ultrasonically welded and sealed around the edges. The outer layers (front and back) of the face masks are comprised of 100 percent polypropylene (PP) spun bonded nonwoven textile material. The middle layer is comprised of 100 percent PP melt-blown nonwoven textile material. A ¾ inch wide anti-fog foam strip on the back of each face mask and a ¾ inch 100 percent PP, dyed black, nonwoven textile material on the front of each face mask is ultrasonically welded and sealed along the top vertical edge of the face mask. In addition, a polyethylene terephthalate (PET) plastic shield measuring 12 inches in length by 5 ¼ inches in width is ultrasonically welded and sealed along the two horizontal edges of each face mask. The completed face masks, measure 12 inches in length by 7 inches in width, feature elastic bands that fasten behind the ears and an aluminum metal strip on the top edge which lies on the bridge of the nose to help the mask conform to the contours of the face. The face masks also feature a logo “Tronex®” on the top right corner. The style number will be delineated by the weight of the PP textile material which provides the face mask with the American Society for Testing and Materials (ASTM) rating level: Style 5411B ASTM Level 1; Style 5422B, ASTM Level 2; Style 5433B ASTM Level 3. You state that the 100 percent PP nonwoven textile material ultrasonically welded and sealed on top of the PET plastic shield is there only to prevent scratching during transit and will be removed prior to use.
The applicable subheading for the face mask with plastic shield will be 6307.90.9870, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other face masks: disposable.” The rate of duty will be 7 percent 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 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 Kristine Dodge at [email protected] your letter dated December 7, 2023, you requested a tariff classification ruling.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division