CLA-2-62:RR:NC:3:353 F81127
Mr. Brandon Sheley
Harvey Yaffee Companies
3441 Holman Place
Memphis, TN 30118
RE: The tariff classification of non-woven disposable headgear, hospital gowns, coveralls and lab coats and from China.
Dear Mr. Sheley:
In your letter dated December 14, 1999 you requested a classification ruling.
The submitted samples, styles 77-3501 and 774502 are bouffant caps composed of non-woven polyspun bond fabric. The caps resemble a shower cap with elastic at the opening to facilitate adhering to the head. Style 77-2500 is a coverall composed of non-woven polyspun bond fabric and features a full front zippered closure, pointed collar and long sleeves and pants with open cuffs. Style 77-9060 is a hospital gown composed of non-woven polyspun bond fabric. The gown is knee length with long sleeves elasticized at the cuffs, and a full back opening with a self-fabric string tie at the back of the neck and waist. Style 77-9060 is an isolation gown composed of non-woven polyspun bond fabric. The gown is knee length with long sleeves elasticized at the cuffs with a full back opening and a self-fabric tie at the back of the neck and waist. Style 77-906 is an infection control gown (impervious) composed of a non-woven man-made fiber fabric with a coating on the outside. It is designed with a full back opening, long sleeves with elasticized cuffs and a self-fabric tie at the back of the neck and waist. Style 77-1404 is a lab coat made from non-woven man-made fiber fabric (impervious) with a coating on the outside. The lab coat is full length with a full front snap opening a pointed collar, long sleeves with knit fabric cuffs and a patch pocket on the right side and left breast pocket. Your advertising literature indicates that all of the items are for use in hospitals, clinics, laboratories or contaminated areas.
The applicable subheading for the disposable bouffant caps, styles 77-3501 and 77-4502 will be 6505.90.8015, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined o trimmed: Other: Of man-made fibers: Other: Not in part of braid, Nonwoven disposable headgear without peaks or visors.” The duty rate will be 20 cents/kg +7.3 % ad valorem.
The gowns and lab coats are recognized as a type used in hospitals or clinics. The applicable subheading for the hospital gown, isolation gown infection control gown and lab coats styles 77-9058, 77-9060, 77-906 and 77-1404 will be 6210.10.5000, Harmonized tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602,5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Nonwoven disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas.” The duty rate will be 2.5% ad valorem.
The coveralls have no special design features for use in hospitals, clinics or contaminated areas. The applicable subheading for the coveralls, style 77-2500 will be 6210.10.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603,…or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other, Overalls and coveralls.” The duty rate will be 16.4% ad valorem.
The coveralls, style 77-2500 fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 Kenneth Reidlinger at 212-637-7084.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division