CLA-2-62:OT:RR:NC:TA:348
Christopher Rini
Laufer Group International
20 Vessey Street Suite 601
New York, NY 10007
RE: The tariff classification of disposable non woven boxers and shoe covers from China
Dear Mr. Rini:
In your letter dated March 23, 2009, on behalf of your client Aramsco, you requested a tariff classification ruling.
The submitted samples are identified as Style 50229, a disposable boxer short, and Style 51020, a shoe cover. The disposable boxer short is composed of 100% non-woven polypropylene fabric and features an elasticized waistband. The shoe cover is also composed of 100% non-woven polypropylene fabric. It features an elasticized opening to enable it to be slipped over an individual's shoe. Both items are intended for one time use. You state that they are designed to be used in hospitals, clinics, laboratories or contaminated areas as protection against contaminants.
Your letter of inquiry states it is your opinion that these items would be classified under heading 6210.10.5000 of the Harmonized Tariff Schedule of The United States (HTSUS). We disagree with your proposed classification for the shoe covers. Shoe covers are not considered garments and therefore are not covered in heading 6210, HTSUS.
Customs and Border Protection (CBP) has consistently stated in prior rulings that in order for a garment to be properly classifiable in subheading 6210.10.5000, HTSUS, it has to be specially designed for use in “contaminated areas”. CBP will classify a garment as “designed for use in hospitals, clinics, laboratories or contaminated areas” if it has an established commercial acceptability for such uses. A determination on whether a garment provides sufficient protection from exposure to contaminants is not within the purview of CBP, and it is the marketplace or regulatory agencies which will determine whether a garment offers adequate protection for its intended purpose. CBP has previously determined whether a garment will qualify for classification as a protective garment of subheading 6210.10.5000, HTSUS, on the basis of the garment’s physical design and properties, as well as how it is marketed, advertised or sold. Design features indicative of protective wear include attached boots, elastic wrist closures, attached hood with elasticized edges, and sufficient coverage to afford the wearer protection from contaminants. The disposable boxer shorts do not afford sufficient coverage to be considered protective wear; however your company’s catalog “Specializing in Products for the Hazardous Environment”, provides support for commercial acceptability for protective use in hospitals, clinics, laboratories or contaminated areas.
The applicable subheading for Style 50229, 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. The rate of duty will be Free.
The applicable subheading for Style 51020 will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% 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 Rosemarie Hayward at (646) 733-3064.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division