CLA-2-39:RR:NC:3:353 I80731

Ms. Ellen Menendez
Beijing Trade, LLC
323 Washington Street, 4th Floor
Hoboken, NJ 07030

RE: The tariff classification of a disposable gown from China.

Dear Ms. Menendez:

In your letter dated April 16, 2002, you requested a tariff classification ruling. As requested, the sample will be returned to you.

Your submitted sample is a “plastic disposable gown”. The item features long sleeves, goes over the head of the wearer and the garment is backless but it covers the shoulders and top of the back. The item has a back tie and is used by workers in food processing plants. The applicable subheading for the disposable gown will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessories: other: other, other. The rate of duty will be 5 percent ad valorem.

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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division