CLA-2 CO:R:C:G 086972 CRS
Kenneth H. Keefe, Esq.
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, Florida 33126-2022
RE: Disposable Barrier Coveralls
Dear Mr. Keefe:
This is in response to your letter dated April 17, 1990, on
behalf of your client, Kappler Safety Group, Inc., in which you
requested a ruling on the classification of nonwoven disposable
barrier coveralls under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA). Samples were submitted with
your request.
FACTS:
The merchandise in question consists of five nonwoven
disposable barrier coveralls, style nos. 1414, 1415, 1417, 1427
and 1428, made from "Tyvek," a spunbonded olefin made from high
density polyethylene fibers. The coveralls, which are designed
for use in hospitals, laboratories and contaminated areas, will
be manufactured in Mexico and imported through various ports,
including Laredo, Texas.
Style 1414 has an attached hood and boots and elasticized
sleeve cuffs. Style 1415 is hoodless but has attached boots and
elasticized sleeve cuffs. Style 1417 is hoodless with
elasticized cuffs at the wrists and ankles. Style 1427 has a
hood and open cuffs at the wrists and ankles. Style 1428 has an
attached hood and elasticized cuffs at the wrists and ankles.
All are one-piece garments with a zippered fronts. As a result
of their design, you state that Tyvek coveralls are an effective
barrier to contaminants. You have advised that the hooded and
booted coveralls are primarily designed and sold for asbestos
cleanup while the non-hooded, non-booted coveralls are
principally geared towards clean room use.
ISSUE:
Whether the nowoven disposable "Tyvek" garments in question
are designed for use in hospitals, clinics, laboratories or
contaminated areas such that they are classifiable in subheading
6210.10.4010, HTSUSA.
LAW AND ANALYSIS:
Articles are classified under the HTSUSA in accordance with
the General Rules of Interpretation (GRIs). GRI 1 provides that
the classification of articles is determined according to the
terms of the headings and any relative section or chapter notes
and, provided the headings or notes do not otherwise require,
according to the remaining GRIs taken in order.
Heading 6210, HTSUSA, covers garments made up of fabrics of,
inter alia, heading 5603. Since Tyvek is a nowoven fabric
classifiable in heading 5603, Tyvek garments are classifiable in
heading 6210.
Customs has previously held that similar garments have
satisfied the "designed for use" provision of subheading
6210.10.4010, HTSUSA. As we stated in Headquarters Ruling Letter
(HRL) 085360 dated December 13, 1989:
A garment is found to be designed for use in environments
named in a tariff provision if it has design features which
peculiarly adapt it for those uses....Among the properties
of Tyvek which adapted it for [use in, e.g., contaminated
areas] were its impermeability, chemical resistance,
relatively slick polyethylene surface, high tensile/tear
strength, and its good puncture and abrasion resistance.
See also HRL 085419 dated January 26, 1990 and HRL 084164 dated
September 20, 1989. The coveralls at issue are manufactured from
Tyvek 1422A and have the same features as described above.
HOLDING:
The Tyvek coveralls at issue are classifiable in subheading
6210.10.4010, HTSUSA, under the provision for garments made up of
fabrics...of fabrics of heading 5602 or 5603, other, nonwoven
disposable apparel designed for use in hospitals, clinics,
laboratories or contaminated areas, and are dutiable at 17
percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division