CLA-2-62:OT:RR:NC:N3:348
Ms. Maureen Ford
Ansell Healthcare
111 Wood Ave South, Suite 210
Iselin NJ 08830
RE: The tariff classification of disposable aprons from China
Dear Ms. Ford:
In your letter dated December 17, 2018, you requested a classification ruling. The samples will be returned under separate cover.
The submitted sample, Item 827423, is a disposable apron. It is constructed from 100% plastic non-woven textile fabric. The garment is a bib style apron that covers the front torso. The apron has a neck strap and waist made of the same material.
You state that the apron is disposable apparel for lab, hospital and contaminated areas. Customs has consistently stated in prior rulings that in order for a garment to be properly classifiable in subheading 6210.10.5000, HTSUSA, it has to be specially designed for use in "contaminated areas". Customs 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. Customs 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 apron does not fall into this category.
The applicable subheading for Item 827423 will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other, Other.” The duty rate will be 16% 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 the World Wide Web at https://hts.usitc.gov/current.
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 via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division