CLA-2 CO:R:C:T 957117 SK
Gail T. Cumins
Sharretts Paley Carter & Blauvelt, P.C.
67 Broad Street
New York, N.Y. 10004
RE: Domestic party petition concerning the tariff classification of 1.25 ounce nonwoven
disposable polypropylene protective coveralls; 6210.10.5000, HTSUS; coveralls designed for use
in hospitals, clinics, laboratories or contaminated areas; Customs will not create standards which
set forth the degree to which coveralls must offer protection so long as coveralls possess an
established commercial acceptability for protective uses.
Dear Ms. Cumins:
This is in response to your petition, dated September 29, 1994, submitted on behalf of
Gulf Disposables of Walterboro, S.C., pursuant to section 516, Tariff Act of 1930, as amended
(19 U.S.C. 1516) and Part 175, Customs Regulations (19 CFR 175), in which you requested the
tariff classification of 1.25 ounce nonwoven disposable polypropylene coveralls.
FACTS:
The subject merchandise consists of 1.25 ounce nonwoven disposable polypropylene
coveralls. The coveralls feature attached boots, elasticized wrist closures and attached hoods with
elasticized edges.
- 2 -
Customs has classified the subject merchandise under subheading 6210.10.5000,
Harmonized Tariff Schedule of the United States (HTSUS), which provides for "[G]arments
made up of fabrics of heading 5602 or 5603: other: nonwoven disposable apparel designed for use
in hospitals, clinics,
laboratories or contaminated areas." In your petition you challenge Customs' classification of
these types of garments under this subheading and assert that they do not provide adequate
protection to be considered true protective apparel.
On April 14, 1995, we published a notice in the Federal Register (60 FR 19111), inviting
public comments concerning your petition. Six comments were received by this office. Five
comments opposed your petition and supported Customs' classification of the subject garments
under subheading 6210.10.5000, HTSUS; the remaining comment concurred with your petition.
ISSUE:
Whether the subject garments are classifiable under subheading 6210.10.5000, HTSUS, which
provides for "[G]arments made up of fabrics of heading 5602 or 5603: other: nonwoven
disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas," or
under subheading 6210.10.9010, HTSUS, which provides for "[G]arments made up of fabrics of
heading 5602 or 5603: other: other: other... overalls and coveralls" which do not qualify as
apparel designed for use in hospitals, clinics, laboratories or contaminated areas?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is governed by the General Rules of
Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the
terms of the headings and any relative section or chapter notes, taken in order. Merchandise that
cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent
GRI's.
Heading 6210, HTSUS provides for "[G]arments, made up of fabrics of heading 5602,
5603, 5903, 5906 or 5907." Heading 5603, HTSUS, provides for nonwoven fabrics. As the
subject garments are made from nonwoven fabric, they are classifiable within heading 6210,
HTSUS. The determinative issue is whether the
- 3 -
subject garments are classifiable under subheading 6210.10.5000, HTSUS, which provides for
"[G]arments made up of fabrics of heading 5602 or 5603: other: nonwoven disposable apparel
designed for use in hospitals, clinics, laboratories or contaminated areas," or under subheading
6210.10.9010, HTSUS, which provides for "[G]arments made up of fabrics of heading 5602 or
5603: other: other: other... overalls and coveralls" which do not qualify as apparel designed for
use in hospitals, clinics, laboratories or contaminated areas. Subheading 6210.10.5000, HTSUS,
carries a duty of 5.6 percent ad valorem and does not have an attendant textile category number.
Subheading 6210.10.9010, HTSUS, carries a duty of 16.9 percent ad valorem and has a textile
category number of 659.
As stated supra, you challenge Customs' classification of these types of garments under
subheading 6210.10.5000, HTSUS, and assert that they do not provide adequate protection to be
considered true protective apparel. Specifically, you state that 1.25 ounce nonwoven disposable
polypropylene coveralls are not designed for use in hospitals, clinics, laboratories or contaminated
areas because they are not impermeable to air or liquid borne contaminants, they are not chemical
resistant, they do not retard bacterial growth, they do not have a slick surface nor high tensile/tear
strength, and they are not puncture and abrasive resistant.
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. A
determination of whether a garment provides sufficient protection from exposure to contaminants
is not within the purview of the Customs Service, and it is the marketplace or regulatory agencies
which will determine whether a garment offers adequate protection for its intended purpose.
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. The garments submitted
to this office as representative samples of 1.25 ounce nonwoven disposable polypropylene
coveralls possess design features indicative of protective wear:
attached boots, elastic wrist closures, and attached hood with elasticized edges. It is
Customs' opinion that garments such as these will adequately serve as protective
apparel in some situations, but not in all. We note that the term "designed for use in hospitals,
clinics, laboratories or contaminated areas" covers a multitude of environmental situations and no
specific set of requirements or standards can be adopted as the only criteria to be used in
determining whether a garment offers adequate protection for purposes of classification within
subheading 6210.10.5000, HTSUS.
- 4 -
With regard to these garments' established commercial acceptability for use as protective
garb, we received comments from five respondents which bear directly on this issue. One
respondent stated that it sold 1.25 ounce nonwoven disposable polypropylene coveralls to various
customers in the food preparation, pharmaceutical, nursing, medical, environmental and
construction industries. Another respondent stated that it sold 1.5 ounce nonwoven disposable
polypropylene coveralls for use in hospitals, medical clinics, pharmaceutical laboratories and also
to the biotechnology, electronic and aerospace industries. A third respondent noted that it sold
1.25 ounce coveralls to consumers for use in food processing, nursing, maintenance work,
environmental work and for use on construction sites. A respondent that both manufactures and
imports disposable coveralls stated, "[A]mong our hospital customers, the 1.25 ounce
spunbonded polypropylene coverall is by far the most popular style coverall choice ..." and
"[S]punbonded polypropylene, even at a weight of 1.25 ounces, demonstrates hydrophobic
qualities and is useful in certain hospital, clinic, laboratory and contaminated settings." A fifth
respondent also supported Customs' classification of these garments as protective coveralls and
noted:
"[There is an established commercial acceptability for using
such garments in hospitals, clinics, laboratories or contaminated
areas. All the 1.25 ounce nonwoven disposable polypropylene
coveralls we imported have being (sic) sold for using (sic) in contaminated areas through Safety Supply Distributors. Attached
are copies of catalogues from ********* and ***********.
It is clear that those companies design, market, advertise and sell
such garments as protective apparel."
We received one comment in which the respondent concurred with your petition and
argued that the subject merchandise was classifiable under subheading 6210.10.9010, HTSUS.
Respondent argued that as the subject garments do not provide an adequate barrier between the
wearer and liquid and airborne contaminants, classification as protective coveralls is improper. In
support of this contention, respondent provided this office with a scientific study which
determined that 1.25 ounce nonwoven disposable polypropylene coveralls were found to prevent
penetration of only 25-27 percent of airborne asbestos fibers. We do not find this persuasive
evidence of the subject garments' unsuitability for use as protective garb. The fact that the
subject garments may not be suitable for use in all types of work in contaminated areas does not
preclude classification as protective coveralls. The
- 5 -
submitted study does not prove that such garments are not designed for use in hospitals, clinics,
laboratories or contaminated areas. The determinative issue is whether these garments provide
protection; no quantitative or qualitative standards are set forth in the tariff schedule with regard
to the degree of protection that must be afforded. Accordingly, if the garments offer protection,
and this is established by evidence of commercial acceptance of the coveralls as protective
garments, then classification under subheading 6210.10.5000, HTSUS, is proper.
HOLDING:
The subject merchandise is classifiable under subheading 6210.10.5000, HTSUS, which
provides for "[G]arments made up of fabrics of heading 5602 or 5603: other: nonwoven
disposable apparel designed for use in hospitals, clinics, laboratories or contaminated areas,"
dutiable at a rate of 5.6 percent ad valorem. This subheading does not carry an attendant textile
quota category number.
In accordance with section 516(c), Tariff Act of 1930, as amended (19 U.S.C. 1516(c)), if
you are dissatisfied with this decision and desire a judicial review of the matter, please file with
the Commissioner of Customs, as delegate of the Secretary of the Treasury, not later than 30 days
after the date of this decision, notice in triplicate, that you desire to contest the classification of
the merchandise. The notice should designate the port or ports at which such merchandise is
being imported into the United States and at which you desire to protest. In this regard, see 19
CFR 175.23 and 19 CFR 175.24.
Sincerely,
John Durant, Director
Commercial Rulings Division