CLA-2-62:OT:RR:NC:N3:353

Mr. Michael Elliot
MCR Safety
5321 East Shelby Drive
Memphis, Tennessee 38118

RE: The tariff classification of disposable items from China.

Dear Mr. Elliot:

In your letter dated February 23, 2009, on behalf of Shelby Group Intl., Inc., you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The submitted samples are: Style 12BNSC shoe cover with elastic around opening, O4WBG beard guard with elastic strap, O4WBCM bouffant head cover with elastic around opening and S125E4 sleeves with elastic at both ends. All items are made of non woven textile fabric.

You suggest classification under Harmonized Tariff Schedule of the United States (HTSUS) 6210.10.5000, however this classification pertains only to garments, not to other textile articles, accessories or headwear.

The applicable subheading for the shoe cover and beard guard made of non woven textile fabric will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up textile articles, Other.” The rate of duty will be 7 percent ad valorem.

The applicable subheading for the bouffant head cover will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric…Other: Of man-made fibers: Other: Not in part of braid, Other: Other: Other." The rate of duty will be 18.7 cents /kg + 6.8 percent ad valorem.

The applicable subheading for the sleeves will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up clothing accessories; parts of garments or of clothing accessories…Accessories: Other: Other, Of man-made fibers." The duty rate will be 14.6 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 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 Kenneth Reidlinger at (646) 733-3053.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division